Asylum procedures at the border. European Implementation Assessment

Abstract:

In April 2020, the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE) launched an implementation report on Article 43 of Directive 2013/32/EU on common procedures for granting and withdrawing international protection (Asylum Procedures Directive), covering asylum procedures at the border or transit zone of a Member State. Erik Marquardt (Greens/EFA, Germany) was appointed rapporteur. Implementation reports by European Parliament committees are routinely accompanied by European Implementation Assessments, drawn up by the Ex-Post Evaluation Unit of the European Parliament's Directorate General for Parliamentary Research Services (EPRS).

Beyond in-house research, this European Implementation Assessment is based on two external research papers: i) a legal assessment, and ii) a comparative country assessment covering seven Member States. It assesses the implementation of Article 43 of the Asylum Procedures Directive on the basis of its effectiveness, fundamental rights – including procedural rights – compliance, efficiency, and coherence with the aims of the Asylum Procedures Directive and the Common European Asylum System as a whole. It concludes that uniform and fair asylum procedures at the border have not been achieved due to patchy implementation also caused by lack of clarity in the underlying EU legal framework. A number of recommendations are made to address the shortcomings identified in future legal and practical arrangements for border procedures.

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