Common European Asylum System in a Changing World

4. COMMON EUROPEAN ASYLUM SYSTEM REFORM, TRENDS

Introduction The Common European Asylum System (CEAS) has been established and developed in three phases: The first phase (1999 – 2005) is connected with the ratification of the Amsterdam Treaty which constitutes a milestone in migration and asylum policy of the EU. During this first phase, minimum standards on asylum were adopted in the form of regulations and directives (six main pieces of legislation). However, in 2004, the “Hague Programme” called for adoption of new package of legislation within 5 years (by the end of 2010) going beyond minimum standards. This goal was not reached in time mostly because of non-ratification of the Treaty establishing a Constitution for Europe. The second phase of developing CEAS is delimited by years 2008-2013. During this period, five key regulations and directives were proposed and adopted and they are still in force – they established common standards . The third phase was launched in reply to the so-called migration crisis which culminated in 2015/2016. The European Commission immediately reacted, but hastily, in order to reform the CEAS and it proposed a package of seven legislative acts (mainly regulations) in 2016 . This draft legislation has not been adopted for the time being. Apart from that, there are other secondary legal acts related to asylum which have been adopted or proposed, for instance EASO Regulation, Relocation Decisions, proposal for the Recast Return Directive (see infra ). 4.1 The first phase (1999–2005) – establishing CEAS The Common European Asylum System was established in the European Community after the entry into force of the Amsterdam Treaty on 1 May 1999. The Amsterdam Treaty, signed in 1997, constituted a landmark in the evolution of asylum policy in the European Community and the European Union. Asylum policy (as well as immigration policy) was already mentioned in the Treaty on European Union signed in Maastricht in 1992, Article K.1(1), within provisions on cooperation in the fields of justice and home affairs. This so-called third pillar of the EU was based on an intergovernmental method of cooperation between Member States.

The Amsterdam Treaty “communitarised” this area because asylum policy (as well as immigration policy) was shifted into the so-called first pillar.

It means among others that the Member States conferred new powers on the European Community to adopt secondary law in this area. Article 63 (ex 73k) of the Treaty establishing the European Community (TEC ) stipulated that the Council was called to adopt minimum standards on asylum within a period of five years after the entry into force of the AmsterdamTreaty. However, certain “third pillar” features remained in the decision-making procedure. In line with Article 67 (ex 73o) TEC, providing for a five-year transitional period, the Council acted unanimously either on a proposal from

68