Common European Asylum System in a Changing World

a previous appeals procedure the asylum authority ignored the court’s decision. A national court or tribunal is required to vary a decision of the first-instance determining body that does not comply with its previous judgment. 5.2.4 Reception Conditions Directive (recast) Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (recast) Directive 2013/33/EU laying down standards for the reception of applicants for international protection (recast) replaced the first phase Council Directive 2003/9/ EC on minimum standards for the reception of asylum seekers. The recast Reception Directive aims at ensuring dignified and more harmonized standards of reception conditions. It ensures that applicants have access to housing, food, clothing, health care (including medical and psychological care), education for minors, and access to employment under certain conditions. The Directive also provides particular attention to vulnerable persons, especially unaccompanied minors and victims of torture. It also includes rules regarding detention of asylum seekers, ensuring that their fundamental rights are fully respected. Selected CJEU case law Cimade and GISTI, C-179/11 This case concerned the legality of a circular in French law which was challenged by two organisations on the basis that it was contrary to EU Law under the Reception Conditions Directive in so far as it excludes asylum seekers from entitlement to allowances if they are in the Dublin procedure in France. The CJEU held that the Reception Conditions Directive applies in such a scenario and therefore asylum seekers in the Dublin procedure should have access to the minimum reception conditions laid down in that Directive. This obligation ceases when the person is actually transferred to another Member State. Mehmet Arslan v Policie ČR, C-534/11 (See above) Saciri and others, C-79/13 The CJEU ruled on asylum seekers’ “right to family housing” and held that the general scheme and purpose of Directive 2003/9 and the observance of fundamental rights, in particular the requirements of Article 1 of the EU Charter, preclude the asylum seeker from being deprived – even for a temporary period of time after the completion of the application for asylum and before being actually transferred to the responsible Member State – of the protection of the minimum standards laid down by that directive. The CJEU clarified the minimum standards which Member States must observe. Despite the practical difficulties Member States face in managing their reception for asylum seekers, families cannot be left homeless or forced to live in grossly inadequate conditions by means of a refusal of support for financial assistance to obtain housing.

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