Regulation (EU) 2024/1348 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU

Summary:

Regulation (EU) 2024/1348 - adopted by the co-legislators on 14 May 2024 - introducing a common procedure for international protection in the European Union (EU). It repeals Directive 2013/32/EU. This is also known as the Asylum Procedures Regulation.

Further information:

This Regulation establishes a common procedure for granting and withdrawing international protection pursuant to Regulation (EU) 2024/1347. It replaced Directive 2013/32/EU in an attempt to achieve a higher degree of harmonisation and greater uniformity in the outcome of asylum procedures across all Member States, thereby removing incentives for asylum shopping and secondary movements between Member States.

A first draft law was adopted by the European Commission on 13 July 2016, as part of a legislative package aimed at completing the reform of the Common European Asylum System (CEAS). It was put forward in the context of the Commission's response to the 2015 migration crisis, in an attempt to introduce a truly common procedure for international protection. The European Parliament's relevant committee adopted a negotiating position on the proposal on 25 April 2018. Despite numerous rounds of discussions, the Council of the European Union was unable to agree on a general approach for this file.

The proposal was rescued by the European Commission in September 2020 as part of its New Pact on Migration and Asylum, and an amended draft law was adopted. In September 2022, the co-legislators signed a joint roadmap aiming to conclude negotiations on all the proposals relating to asylum and migration by February 2024. The Parliament's relevant committee updated the negotiating position on 28 March 2023. The Council eventually adopted its general approach on 8 June. An informal agreement between the co-legislators on a compromise text for this file was reached on 20 December. This was formally endorsed by the Parliament on 10 April 2024 and by the Council on 14 May. The Act was signed by the co-legislators on 14 May 2024 and published in the Official Journal on 22 May 2024.

• Primary Source

Commentary and Analysis

European Council on Refugees and Exiles: ECRE Comments on the Commission Proposal for an Asylum Procedures Regulation (November 2016) https://www.ecre.org/wp-content/uploads/2016/11/ECRE-Comments-APR_-November-2016-final.pdf

International Commission of Jurists (via Statewatch): Common Asylum Procedure Regulation - ICJ comments on the current proposal of the Regulation (April 2017) https://www.statewatch.org/media/documents/news/2017/apr/eu-icj-comments-eu-asylum-procedures-directive-4-17.pdf

European Council on Refugees and Exiles: ECRE Comments on the on the Commission Amended Proposal for an Asylum Procedures Regulation (December 2020) https://www.ecre.org/ecre-comments-on-the-commission-amended-proposal-for-an-asylum-procedures-regulation-com-2020-611-border-asylum-procedures-and-border-return-procedures/

Odysseus Network: EU Migration Law Blog, 23/05/2024: The Asylum Procedure Regulation and the Erosion of Refugee’s Rights https://eumigrationlawblog.eu/the-asylum-procedure-regulation-and-the-erosion-of-refugees-rights/

European Parliamentary Research Service (EPRS): Briefing, 24/05/2024: Common procedure for asylum https://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2017)595920

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Official

EUR-LEX: COM(2020)611: Amended Proposal for a Regulation establishing a common procedure for international protection in the Union https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2020:611:FIN

EUR-Lex: COM(2016)467: Proposal for a Regulation establishing a common procedure for international protection in the Union http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2016:467:FIN

Publications Office of the EU: EU Law Tracker: Proposal for a Regulation establishing a common procedure for international protection in the Union https://law-tracker.europa.eu/procedure/2016_224?lang=en

European Parliament: Legislative Observatory: Procedure File for Proposal on Asylum Procedure Regulation (2016/0224A(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2016/0224A(COD)

European Parliament: Legislative Observatory: Procedure File for Proposal on Establishing a return border procedure (2016/0224B(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2016/0224B(COD)

European Parliament: Legislative Train Schedule: Reform of the Asylum Procedures Directive https://www.europarl.europa.eu/legislative-train/theme-promoting-our-european-way-of-life/file-jd-reform-of-the-asylum-procedures-directive

European Commission: DG Migration and Home Affairs: Common European Asylum System https://home-affairs.ec.europa.eu/policies/migration-and-asylum/common-european-asylum-system_en

European Commission: Press Release, 13/07/2016: Completing the reform of the Common European Asylum System: towards an efficient, fair and humane asylum policy https://ec.europa.eu/commission/presscorner/detail/en/IP_16_2433

European Commission: Memo, 13/07/2016: Reforming the Common European Asylum System: Frequently asked questions https://ec.europa.eu/commission/presscorner/detail/en/MEMO_16_2436

UK Parliament: Written Statement, 16/12/2016: European Union opt-in decision: Asylum Measures https://questions-statements.parliament.uk/written-statements/detail/2016-12-16/HCWS374

European Commission: New Pact on Migration and Asylum - Building on the progress made since 2016: Questions and Answers (23 September 2020) https://ec.europa.eu/commission/presscorner/detail/en/qanda_20_1723

European Parliament: Press Release, 07/09/2022: Migration and Asylum: Roadmap on way forward agreed between European Parliament and rotating Presidencies https://www.europarl.europa.eu/news/en/press-room/20220905IPR39714/

European Commission: Statement from Commission on the co-legislators' Roadmap on the New pact on migration and asylum (7 September 2022) https://ec.europa.eu/commission/presscorner/detail/en/STATEMENT_22_5383

Council of the European Union: Press Release, 08/06/2023: Migration policy: Council reaches agreement on key asylum and migration laws https://www.consilium.europa.eu/en/press/press-releases/2023/06/08/migration-policy-council-reaches-agreement-on-key-asylum-and-migration-laws/

Council of the European Union: Press Release, 08/02/2024: Asylum and migration reform: EU member states’ representatives green light deal with European Parliament https://www.consilium.europa.eu/en/press/press-releases/2024/02/08/asylum-and-migration-reform-eu-member-states-representatives-green-light-deal-with-european-parliament/

Council of the European Union: Press Release, 14/05/2024: The Council adopts the EU's pact on migration and asylum https://www.consilium.europa.eu/en/press/press-releases/2024/05/14/the-council-adopts-the-eu-s-pact-on-migration-and-asylum/

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