Common European Asylum System in a Changing World

This exercise was inspired by Herman Lelieveldt and Sebastiaan Princen’s Politics of the European Union textbook, published by Cambridge University Press and the site which accompanies it: Navigating the EU exercises: 2. How difficult is it to reach consensus with 27 Member states? Simulation of negotiations in the Council The aimof this exercise is to simulate negotiations in the Council to better understand how difficult it is to reach consensus and what the role of individual actors is. In the Council (Article 16 TEU) there are representatives of each Member State at ministerial level who are authorized to commit the government of that state. That is why the Council is often called “a voice of the Member States” among European institutions. The Council negotiates in different formations – one of them in the Justice and Home Affairs Council, which deliberates on proposals in the CEAS area. The important role is played by the Presidency – one MS which presides the given formation for 6 months, on the principle of equal rotation (except for the Foreign Affairs Council, which is presided by The EP adopts a position and the Council decides by a qualified majority whether it can approve it. • If not, its divergent position is adopted and send to EP. COM comments. – Second reading • EP can, within three months, approve the Council position → adoption or • reject → not adopted or • propose amendments – council can approve all or, if that is not the case, a meeting of a conciliation committee is convened. – Conciliation • Reach agreement on a new text or • The act cannot be adopted Treaty basis for CEAS Article 77-80 TFEU on asylum and immigration Article 77 – Schengen cooperation Ensure absence of controls when crossing internal borders & preform checks and effective monitoring at external borders. Schengen Borders Code (2006) & technological and other systems and instruments in place. Article 78 forms a legal basis of the second phase CEAS, see later slides Article 79 – Common immigration policy a permanent High Representative of the Union for foreign affairs). The ordinary legislative process (Articles 289 and 294 TFEU) – The COM submits a proposal – First reading •

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