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DRAFT REPORT (COM(2016)0465 – C80323/2016 – 2016/0222(COD))

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)

LIBE-PR-593978

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Sophia in 't Veld

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The rapporteur's draft report sets out Parliament's amendments to the proposed directive on reception conditions for applicants for international protection. It replaces punitive measures against secondary movements with incentives, granting immediate access to the labour market and free language courses from the date of application. It limits restrictions on freedom of movement and detention to decisions by judicial authorities, adds safeguards such as judicial review and appeal rights, and deletes the possibility of a lower standard of reception conditions. It strengthens rules for applicants with special reception needs, including child-friendly accommodation, full access to healthcare, and protection from sexual and gender-based violence.

Committee position. The rapporteur proposes to amend the Commission proposal to reduce secondary movements through incentives rather than punitive measures, granting immediate access to the labour market and language courses, and to strengthen safeguards on freedom of movement and detention by requiring decisions of judicial authorities.

Key points

  1. Deletes the rule that applicants present in a Member State other than the responsible one are not entitled to reception conditions under Articles 14 to 17.
  2. Allows travel documents only when the applicant's presence is required in another State, for reasons such as medical treatment, visits to seriously ill relatives, marriages or funerals, work or study travel, or minors travelling with foster families.
  3. Requires applicants to remain available to the relevant authorities of the Member State where they applied or were transferred, and provides for swift return if they abscond.
  4. Permits assigning an applicant residence in a specific place, such as an accommodation centre, private house, flat or hotel, only on the basis of objective criteria in national law and a decision by judicial authorities.
  5. Allows requiring applicants to report to competent authorities only where necessary and proportionate and on the basis of a decision of judicial authorities, with a right of appeal.
  6. Defines absconding as a deliberate action to avoid the applicable asylum procedures and the factual circumstance of not remaining available to the relevant authorities.
  7. Provides that detention must be based on a decision of judicial authorities, be strictly necessary to secure a specific and concrete obligation, end once that obligation is fulfilled, and not be punitive.
  8. Requires detention orders to state reasons in fact and in law and to reference the consideration of available alternatives and why they could not be applied effectively.
  9. Requires Member States to inform applicants of their rights and obligations, including the consequences of absconding, the grounds for detention, and the right to appeal, in a concise, transparent and accessible form.
  10. Grants applicants access to the labour market from the date the application is lodged and deletes the labour market test allowing priority for nationals, Union citizens or legally resident third-country nationals.
  11. Requires Member States to provide applicants effective access to free language courses from the date the application is made, with possible contribution to costs under Article 16(4) and (5).
  12. Requires housing to be suitable for applicants' specific situation and needs throughout the procedure, and requires measures to prevent assault, gender-based violence and bias-motivated violence.

Who is affected

  • Applicants for international protection, who gain immediate labour market access, free language courses and stronger procedural safeguards.
  • Member States, which must provide language courses, suitable housing and information, and may restrict residence or require reporting only under judicial decisions.
  • Applicants with special reception needs, including minors, victims of violence and persons with serious illnesses, who receive specific protections.
  • Judicial authorities, which must decide on residence restrictions, reporting obligations and detention.

Figures and deadlines

  • Access to the labour market from the date the application for international protection was lodged.
  • Report on the application of the Directive by [one year after the entry into force] at the latest, and at least every five years thereafter.
  • Member States to send information for the report by [six months after the entry into force] and every three years thereafter.

Legal basis: Article 294(2) and Article 78(2)(f) of the Treaty on the Functioning of the European Union.