On the proposal for a directive of the European Parliament and of the Council laying down standards for the reception of applicants for international protection (recast)
A-8-2017-0186 · A8-0186/2017
Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Sophia in 't Veld
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Parliament's amended version of the Commission proposal for a directive on reception conditions for applicants for international protection. It sets standards on information, residence, detention, health care, education, labour market access, language courses and support for applicants with specific reception needs.¶¶ It bans detention of minors, requires judicial decisions for detention and residence restrictions, and deletes the rule denying reception conditions to applicants present in another member state.¶¶¶ It gives applicants access to the labour market no later than two months from the application and free language courses from the date of application.¶¶ It requires member states to assess specific reception needs within 15 days and complete the assessment within 30 days.¶
Committee position. The committee proposes to amend the Commission proposal to reduce secondary movements through incentives rather than punitive measures, to give applicants access to the labour market and language courses from day one, and to strengthen safeguards for fundamental rights, including a ban on detention of minors.¶¶¶
Key points
- Member states must inform applicants of their rights and obligations at the time of application or at the latest before registration, including consequences of absconding and grounds for detention.¶¶
- Travel documents are issued without delay when an applicant's presence is required in another state, for medical treatment, family visits, work, study or minors travelling with foster families.¶
- Member states may assign an applicant residence in a specific place only where necessary, proportionate and duly justified, on the basis of a judicial decision.¶¶
- Detention must be based on a judicial decision, be strictly necessary, end when the obligation is fulfilled and not be punitive; applicants must not be detained before an assessment of specific reception needs.¶¶
- Minors must not be detained; member states must instead establish appropriate care arrangements and accommodate minors and families with minor children in community-based placements.¶¶
- Minor children of applicants and applicants who are minors get access to education under the same conditions as nationals, with access not postponed for more than one month.¶¶
- Applicants get access to the labour market no later than two months from the application, and member states must provide free language and civic education courses from the date of application.¶¶
- Applicants are entitled to equal treatment on working conditions, education, vocational training, recognition of qualifications and social security; access to voluntary work and vocational guidance is added.¶¶¶
- Member states must ensure applicants receive primary and secondary health care under the same conditions as nationals, including emergency care, mental health care and sexual and reproductive health care.¶¶¶
- Member states must systematically and individually assess whether an applicant has specific reception needs, starting as soon as possible and no later than 15 days after the application, completed within 30 days.¶¶
- Applicants with specific reception needs must not be detained where detention would put their physical and psychological integrity at risk.¶
- Unaccompanied minors must get a guardian from arrival, with no more than 20 minors per guardian, and immediate access to health care and education.¶¶¶
Who is affected
- Applicants for international protection: get information, housing, health care, education, labour market access and language courses.¶¶¶
- Minors and unaccompanied minors: cannot be detained, get education and a guardian.¶¶¶
- Applicants with specific reception needs: get individual assessment and support, and cannot be detained if it risks their integrity.¶¶
- Member states: must apply the rules on residence, detention, health care, education and labour market access.¶¶¶
Figures and deadlines
- No later than two months from the application for access to the labour market.¶
- No more than once every working day for reporting to authorities.¶
- No more than one month from the application for access to education.¶
- No later than 15 days after the application for initiating the assessment of specific reception needs.¶
- Within 30 days for completing the assessment of specific reception needs.
- No more than 20 unaccompanied minors per guardian.¶
- Reviews by a judicial authority ex-officio at reasonable intervals where a decision under Article 7 or Article 9 applies for more than two months.¶
Legal basis: Article 294(2) and Article 78(2)(f) of the Treaty on the Functioning of the European Union.¶