EU member states have their own laws regulating immigration and asylum, but recognising that Europe faces a common challenge in this area, they have cooperated on migration issues since the Maastricht Treaty in 1992.

Migration and asylum fall within the policy making area of Justice and Home Affairs and since 1999 these policies have been developed as one strand within the series of five year programmes. 

The aim has been to work towards the establishment of a Common European Asylum System (CEAS) to bring about EU wide convergence in asylum matters. Immigration directives set a minimum level of common standards.

1^st phase – instruments in place – Dublin 11 Regulation, directives on qualifications, asylum procedures and reception procedures, Eurodac

Obstacles to a common system: decisions on granting protection vary considerably across the EU. Asylum seekers are concentrated in a limited group of member states which are disproportionately affected.

2005 – 2010. The Hague programme

2^nd phase – seeks to address the obstacles above through new, reshaped instruments.

Measures on successful integration on migrants, developing partnerships with third countries to tackle illegal immigration.

This programme followed the biggest enlargement of the EU when 10 countries joined May 1, 2004.

The European Asylum Support Office (EASO) in place and a broader mandate for FRONTEX

Dublin Regulations

The Dublin 11 Regulation replaces the 1990 Dublin Convention which set the criteria relating to a country responsible for processing an asylum application. It applies to all EU member states plus Norway, Iceland, Switzerland and Liechtenstein.

Came into force 17/3/2003

Objective

to identify as quickly as possible the member state responsible for examining an asylum application and to prevent abuse of the asylum procedures

Principle

Only one member state to be responsible, to avoid asylum seekers being sent from one country to another and from making multiple applications.

Principle of family unity to be upheld – for unaccompanied minors and for adults – that country where a family member is legally present to be responsible.

Criteria for identifying responsible member state:

• The asylum seeker has a valid visa or resident document from the issuing member state;
• Illegal entry into the member state - that member state is responsible. Migrants must register and seek asylum in the first member state they enter.
• Legal entry where no visa required;
• Application in the international transit area of an airport.

If none of the above criteria are met, the first member state with which the application was lodged must examine it;

At the request of a member state another member state may examine an application for humanitarian reasons, e.g. family or cultural considerations;

The member state designated as responsible must take charge of the applicant and process the application.

European Asylum Support Office (EASO)

Established 19 May 2010. Based in Malta.

An agency of the EU set up as a centre of expertise on asylum and to contribute to the development of the Common European Asylum System (CEAS).

It provides technical and operational support to member states, information on best practices and evidence-based input for EU policy-making and legislation.