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The European Commission launched on Wednesday 3rd december the first of several "asylum package" that contains specific legislative proposals for future common policy on asylum and refugee matters. Both issues are highly politically sensitive, and the Commission's proposals are therefore placed two hot potatoes in European integration ministers' dinner plates. This also applies to Denmark, although Denmark has reservation in this area, the new rules hardly avoid coming to influence the Danish asylum policy.
Challenging asylum lottery Commission's proposal has been long awaited. So far, at EU level could only agree to adopt minimum rules on asylum. The problem is that these rules leave many exceptional and interpretation, and therefore there is great variation in how asylum seekers are treated, and who is granted asylum, the member States. The situation was earlier this year put it bluntly, when such Norway, Sweden and Germany felt compelled to stop sending asylum seekers to Greece under the Dublin rules, after the UNHCR and NGOs to demonstrate that the asylum seekers were beaten, imprisoned and summarily dismissed without a proper examination of their case.
The new bill must therefore make up what critics call "the European asylum lottery" and create a clear and uniform standards for all EU countries. The proposal on reception conditions for asylum seekers thus gives more rights to limit the possibility of detention and ensure better conditions for the vulnerable, for example. traumatized refugees and children. More specifically, emphasis is such up to that asylum seekers must have economic and social support on an equal footing with EU citizens, and not settle for a lower cash benefit, as is the case for example. Denmark.
The most controversial point is probably that asylum seekers should have access to the labor market in that Member State within six months after their arrival. The rationale for this rule is to encourage asylum seekers integration opportunities and to avoid costly transfers and prevent unauthorized work. Yet it will probably meet strong resistance from some countries like Denmark, fears that the right to work will lead to abuse of the asylum system.
A refinement of the distribution of asylum seekers The proposal to amend the Dublin system has two main purposes. Firstly, it introduces a new set of rules to create more efficiency in referrals of asylum seekers from one country to another. Second, ensure rights of asylum seekers more. There are now better able to appeal removals and ensuring family reunification, and "child" is the focus for unaccompanied children. Last but not least, clarified the rules on when a country should refrain from broadcasting on humanitarian grounds.
The new proposal makes the turn only to a limited extent with the more fundamental criticism of the Dublin system as being unfair. During the Dublin rules are basically the first arrival country responsible for examining an asylum application. This means that countries with external EU borders, or with particularly popular entry routes into the EU, often faced with the largest asylum burden, while countries such as. Germany and Denmark after the EU enlargement lies more in "shelter" and can typically send more asylum seekers back to Dublin other countries than they receive.
The new proposal upholds the same basic principles of responsibility, but nevertheless introduces a kind of "martial law" to which the Dublin referrals temporarily suspended in cases where individual countries are faced with particular pressures on their asylum system.
The Danish dilemma What does the new asylum bill for Denmark? Due to the Danish opt-outs, Denmark is in principle not obliged to implement any of the rules. But Denmark is participating yet in the current Dublin cooperation which we have a parallel agreement. If Denmark wants to keep the agreement in the future, the government within 30 days after final adoption by the Council to notify the Commission that it will implement all amendments adopted, without exception. If Denmark does not accept the changes, cancel the whole parallel agreement - a rule that could appropriately have been called "guillotine".
Regarding the new rules on reception conditions and next year's proposals for the rest of the field of asylum, they may also come to be important for Denmark. If the rest of the EU can agree on common asylum rules on reception conditions and asylum procedures, significantly higher than the Danish standards, other countries eventually be forced to stop Dublin broadcasts to Denmark. Norway, which also has a special agreement in relation to the Dublin cooperation, has already made some changes in its immigration law to adapt to EU asylum rules - precisely to avoid this situation. As long as Denmark is in the Dublin cooperation, it is limited how much difference there can be at Denmark and the rest of EU asylum policy.
Tough negotiations ahead One must remember, however, that the Commission's Asylum package so far only proposals that go through both the Council and Parliament before it can be adopted. Just the minimum standards required lengthy and difficult negotiations, and the result is marked by compromise. Several countries are decidedly opposed to more asylum harmonization because they want to preserve as much freedom in this politically sensitive area.
Faced with this fact remains the overriding argument that better and more uniform asylum rules are needed if the Dublin system must continue to function. The situation in Greece has shown this very clearly - as did a number of judgments of the ECtHR.
It is between these two basic requirements that the negotiations come to a halt. It can take time, but there must be a compromise....