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Commission européenne - The Implementation of the Common European Asylum System

Publié le lundi 20 juin 2016 , mis à jour le lundi 20 juin 2016

Source : www.europarl.europa.eu

CONTENTS

LIST OF ABBREVIATIONS

LIST OF TABLES

LIST OF MAPS

LIST OF FIGURES

EXECUTIVE SUMMARY

« Child specific conclusions
Children are particularly vulnerable and have a unique set of rights due to their status as minors. As such, the CEAS should ensure that their actions take into account the best interests of children. The proportion of children among arrivals in Europe has been growing in recent months and the number of unaccompanied minors nearly quadrupled in 2015 when compared to the year before. The chaos on migration routes and in reception systems, children, and particularly unaccompanied minors, are exposed to various risks, including protracted family separation, the risk of being victims of trafficking and exploitation as well as the risk of severe trauma and health problems. Thousands of cases of disappearances have been reported.
In light of the high numbers of children arriving in Europe, the study suggests that the European Parliament should further promote :
• a comprehensive approach at EU level for ensuring that the needs and rights of all migrant children are specifically identified and addressed, including significantly enhanced EU mechanisms for transnational cooperation between Member States and between third countries and Member States, to ensure the best interests of each child are a primary consideration in all actions in their regard. In particular, this should identify and respond to individual needs, address family tracing, prevent and respond to disappearances of children from care, avoid placing children in detention, ensure proper Dublin III and relocation transfers, prevent and respond to trafficking, unite children with relatives where this is in their best interests and establish durable solutions.
 »

PART I : INTRODUCTION

1. Background
2. Methodology

PART II : STATE OF PLAY - EU AND EU MS POLICY RESPONSES

1. The Common European Asylum system
1.1. Legal instruments of the CEAS
1.2. Relevant EU Agencies

2. Asylum dynamics in the EU
2.1. Flows

« The number of unaccompanied children seeking international protection in EU MS in 2015 was nearly four times the amount in 2014 and seven times the amount in 201343. Out of the 88,695 asylum seekers considered to be unaccompanied minors in the EU-28 last year, 75% have filed their application in four MS : Sweden, Germany, Hungary and Austria. Sweden received 35,250 applications from unaccompanied minors (40% of EU-28), of which two thirds were Afghan citizens. In all EU MS, 51% of asylum seekers considered unaccompanied minors were from Afghanistan. In 2015, 7% of the asylum applications filed in the EU-28 were by unaccompanied children, compared to less than 4% in 2014 (see Figure 5). Particularly affected is Sweden, where 22% of last year asylum applications were filed by unaccompanied minors. In addition, the proportion of unaccompanied minors varies greatly among the main countries of origin : 25% of asylum seekers from Afghanistan are unaccompanied minors, compared to 4% of Iraqi or Syrians asylum seekers. Limited data is available on children within families of asylum seekers or refugees. Better qualitative and quantitative data on the situation of children is vital, to better identify the type and scope of child specific measures that are needed, including adapted reception capacity and services. »

2.2. Findings on data

3. EU and EU MS policy responses
3.1. EU Policy Response
3.1.1. European Agenda on Migration
3.1.2. Emergency Relocation Mechanism
3.1.3. Permanent Crisis Relocation Mechanism
3.1.4. EU-Turkey Joint Action Plan and Statement
3.1.5. The Commissions’ Communication towards the reform of the CEAS
3.1.6. Child specific focus

« Recently, regarding the situation of asylum seeking children, several EU policy frameworks have played a central role in generating a range of practical measures and support from the agencies of Member States, as well as increased funding for regional rojects in the field. Most prominent among these was the EU Action Plan on Unaccompanied Children (2010-2014), the implementation of which is currently under evaluation. The EU Child Rights Agenda and the EU Anti-Trafficking Strategy also contained important child protection provisions. The Strategy promoted the development of EU guidelines on child protection systems, which are discussed in the Commission’s Reflection Paper on coordination and cooperation on such systems. The European Parliament has adopted several important resolutions emphasising the application of child rights and child protection safeguards, including the European Parliament Resolution on the situation of unaccompanied children, the European Parliament resolution adopted in November 2014 to mark the twenty-fifth anniversary of the UN CRC which notes the need for child protection to be the leading principle for unaccompanied children, and the recent European Parliament resolution on a holistic approach to migration which contains a chapter on children. »

3.2. EU Member States Policy Response

PART III : THE IMPACT OF THE REFUGEE CRISIS ON THE FUNCTIONING OF THE CEAS

1. Determination of the responsibility for asylum claims
1.1. Introduction
1.2. Instruments for distribution of asylum seekers
1.2.1. Dublin III Regulation
1.2.2. Emergency Relocation Mechanism
1.2.3. Hotspots
1.2.4. Resettlement
1.2.5. EU-Turkey Statement

2. The determination of asylum claims
2.1. Introduction
2.2. Instruments for the determination of asylum claims
2.2.1. Recast Qualification Directive
2.2.2. Recast Asylum Procedures Directive

3. The reception of asylum seekers
3.1. Introduction
3.2. Instruments for the reception of asylum seekers
3.2.1. Recast Reception Conditions Directive

PART IV : CONCLUSIONS & RECOMMENDATIONS

1. Is the CEAS working ?
2. Is the CEAS fit for large scale arrivals ?
3. Recommendations

REFERENCES

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