The Common European Asylum System (CEAS)
Article Migration
Reliable management and control of migration in the EU – fundamental right of asylum – responsibility and solidarity – keeping borders open – measures to stop secondary migration
The EU has agreed to reform its Common European Asylum System (CEAS).
The consensus among the EU member states and the subsequent political agreement of 20 December 2023 between the Council of the European Union and the European Parliament represent a major success. After years of intensive negotiations, it was finally possible to successfully conclude the reform project.
The 11 legal instruments of the European Parliament and of the Council to reform the Common European Asylum System were adopted on 14 May 2024 and entered into force on 11 June 2024.
The Federal Government seeks to transpose these legal instruments into German law as soon as possible. Germany must implement the new legislation by June 2026.
Aims of the CEAS reform
What does the Common European Asylum System (CEAS) govern?
The CEAS reform package will reliably manage and control migration in the entire EU, will uphold humanitarian standards for refugees and will reduce irregular secondary migration, that is, uncontrolled migration to other EU member states.
Screening at the EU’s external borders
To maintain open borders within the Schengen area, which is at the heart of the European idea, and to prepare them for the future, the EU’s external borders must be reliably policed.
Everyone who enters the EU without prior permission will undergo efficient and mandatory screening within just a few days. This will make it possible to control who enters EU territory and to identify those people who don’t meet the requirements for entering the EU.
EURODAC, the current EU system for checking fingerprint data of asylum applicants, will be expanded to serve as a real database on migration. This will create a reliable source of data on migration into and within the EU.
Screening at the external borders will increase security within the EU. In addition, an independent mechanism will be set up at the external borders to monitor the screening and any subsequent asylum procedures to make sure that fundamental and human rights are upheld and the member states comply with the applicable rules.
In certain cases, procedures to examine applications for international protection will in future have to be carried out at the EU’s external borders. This will be the case, for example, if applicants pose a threat to national security or the public order, or if they have deceived the authorities about their identity, or if they come from countries whose citizens have little chance of being granted international protection status.
Balance between responsibility and solidarity
At the same time, a binding but also flexible solidarity mechanism has been agreed which also includes relocating people seeking protection. The solidarity mechanism is intended to make sure that EU member states which are facing pressure from migration will receive relief from other EU member states, either in the form of financial or material assistance, or by accepting people to be relocated.
Rapid and consistent procedures
The CEAS reform has defined clear and legally secure procedures without restricting the fundamental right of asylum or the right to an individual examination of the asylum application. Within the EU, common minimum standards will apply for admitting, housing and providing for people seeking protection. The procedures for admitting people on humanitarian grounds will be harmonised across the EU. It has also become necessary to establish uniform standards for granting international protection.
And the Dublin rules, that is, the rules for determining which EU member state is responsible for examining an asylum application, will also be amended in order to streamline the process and reduce irregular secondary migration. In general, the member state which the applicant entered first will continue to be responsible for examining the asylum application.
