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Reception conditions for applicants for international protection – EU rules
SUMMARY OF:
WHAT IS THE AIM OF THE DIRECTIVE?
- Directive (EU) 2024/1346 aims to set out minimum standards of assistance for asylum applicants throughout the European Union (EU) that must be provided by EU Member States.
- The directive aims to upgrade the previous reception conditions directive (see summary) by further harmonising standards between Member States ensuring adequate standards of living for those arriving in the EU and applying for international protection.
- It also aims to provide more flexibility and efficiency for Member States in managing reception systems.
- The directive recasts Directive 2013/33/EU (see summary) and repeals it as of .
KEY POINTS
The directive is part of the pact on migration and asylum, a new set of rules to manage migration and set up a common EU asylum system.
Scope
- The directive applies to all third-country nationals and stateless persons who make an asylum application in the territory, including at the external border, in the territorial sea or in the transit zones of the Member States – provided that those persons are allowed to remain in the territory as applicants.
- It also applies to family members of an applicant, provided that those family members are covered by such an asylum application under national law.
Member State obligations
- Member States are required to ensure sufficient reception capacity that provides for an adequate standard of living, to establish contingency plans in case of a disproportionate number of arrivals and to take into account the European Union Agency for Asylum indicators and guidance on reception. Member States must have guidance, monitoring and control systems for reception conditions.
- To prevent secondary movements, only the Member States responsible for processing the application can provide material reception conditions. However, access to healthcare and the provision of basic needs have to be maintained in all circumstances.
Main elements
- The assessment of specific reception needs must be completed within 30 days:
- keeping families together should be ensured wherever possible;
- the safety and security of children should be considered;
- designated representatives must be appointed to unaccompanied minors;
- victims of torture and violence must have access to care as soon as possible.
- Applicants must be provided with adequate material reception conditions, including housing, food, clothing, personal hygiene products and a daily expenses allowance.
- Applicants must be granted access to the labour market no later than six months after registration.
- Applicants must be informed of their legal rights and obligations, including:
- reception conditions and the reception system of the Member State;
- obligations and consequences of non-compliance;
- the right to appeal decisions on the granting, withdrawal or reduction of reception conditions;
- access to free legal assistance and representation for appeals.
- Member States have the possibility to allocate applicants to specific accommodation, to make the provision of material reception conditions subject to actual residence, to allocate applicants to a geographical area and to restrict freedom of movement, subject to certain safeguards.
Detention
- There is an exhaustive list of grounds for detention; detention is not allowed solely on the basis of being an applicant.
- Conditions and safeguards are detailed in the directive.
- Detention should not be used if it puts the physical and mental health of applicants at risk.
- In general, children should not be detained.
FROM WHEN DO THE RULES APPLY?
The directive has to be transposed into national law by . The rules contained in the directive should apply from the same date.
BACKGROUND
For further information, see:
- Migration and asylum (European Commission).
MAIN DOCUMENT
Directive (EU) 2024/1346 of the European Parliament and of the Council of laying down standards for the reception of applicants for international protection (OJ L, 2024/1346, ).
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