European Union asylum procedures (until 2026)

KEY POINTS

Who is affected?

The directive covers all applications for international protection made in EU Member States (with the exception of Denmark, Ireland and the United Kingdom*), including at borders, in territorial waters or in transit zones.

How?

• It sets out clearer rules on how to apply for international protection, so that decisions on applications are taken faster and more efficiently than before. Specific arrangements must be made, especially at borders, to help people apply. As a rule, the initial application process (not including appeals) must not take longer than 6 months. Decision-makers must be specifically trained in the process and applicants must be given procedural guarantees.
• In well-defined circumstances, where an application is likely to be unfounded or where there are serious national security or public order concerns, special procedures may apply, including a faster process or the processing of applications at the border.

Basic guarantees

• Member States must ensure that applicants:
  • have their applications examined individually, objectively and impartially;
  • are informed, in a language they can understand, of the process being followed, their rights and the decision made. They must be given an interpreter to help them make their case if necessary;
  • have the right to consult a legal adviser, at their own cost;
  • have the right to an effective appeal before a court or tribunal and have free legal assistance during their appeal.
• Member States cannot detain a person for the sole reason that he/she is an asylum applicant. Where an applicant is detained, EU rules must be applied as described in the revised directive on standards for the reception of applicants for international protection (the reception conditions directive).

Examination procedure

Before the relevant authority reaches its decision, applicants are entitled to a personal interview where they should have the opportunity to set out the full grounds for their application. The person conducting the interview must be competent to take into account the applicant’s personal circumstances and the general circumstances of the situation. Member States must ensure that information on individual applications is kept confidential.

Specific guarantees for vulnerable people

• People with specific procedural needs, for instance because of their age, disability, illness or sexual orientation, or as a consequence of trauma, or for any other reason must be given appropriate support, including sufficient time, to help them with their application process.
• Specific requirements exist for unaccompanied children, including the obligation to appoint a qualified representative. More generally, the best interests of all children should be considered when applying the directive.

Preventing repeated applications

Member States have new ways of dealing with repeated applications made by the same person. People who do not need protection can no longer avoid being returned to their country by constantly making new applications.

Repeal

Directive 2013/32/EU is repealed and replaced by Regulation (EU) 2024/1348 (see summary) as of 12 June 2026.