Common European Asylum System in a Changing World
As stated above, according to Article 80, these policies shall be governed by the principle of solidarit y & fair sharing of responsibility between Member States (including financial implications). Article 78 – Legal basis of the second phase CEAS Paragraph 1 –The EU shall develop a common policy on asylum, subsidiary protection and temporary protection with a view to offering appropriate status to any third-country national requiring international protection and ensuring compliance with the principle of non-refoulement. This policy must be in accordance with the Refugee Convention & other relevant treaties. Paragraph 3 – If one/more MS are confronted with an emergency situation characterized by a sudden inflow of nationals of third-countries, the Council, on a proposal from the Commission, may adopt provisional measures for the benefit of the MS(s) concerned. 5.2 Simulation of the negotiations within the Asylum Working Party in the Council of the EU
Actors: European Commission Presidency Member States General Secretariat of the Council incl. Legal Service General Secretariat: European Commission: –
its role is to introduce the proposal and to advocate it throughout the negotiations – comments on all compromise proposals made by the Presidency – in favour of reasonable compromises – red lines: mandatory allocation mechanism, simple reference key ( position quite flexible ), limited possibility for MS to buy-out (positions flexible both to the amount per applicants or % of buy outs) Presidency: Finland – leads the negotiations in the Working Party – collects positions of MSs and prepares the compromise proposals – tries to reach compromise among MS and the European Commission (but also tries to satisfy national interests) Member States: – defend national interests
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