Common European Asylum System in a Changing World

• The Reception Conditions Directive requires access to health care on the same conditions as to nationals.

False. Member States shall ensure that applicants receive the necessary health care which shall include, at least, emergency care and essential treatment of illnesses and of serious mental disorders (Article 19).

• The Reception Conditions Directive requires access to labour market no later than 9 months from the date of lodging of the application.

True (Article 15/1).

• There is not a maximum period for detention laid down in the Directive.

True (Article 9/1).

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Only judicial authorities may decide on detention.

False. Detention of applicants shall be ordered in writing by judicial or administrative authorities (Article 9/2).

3.7 Temporary Protection Directive The Directive 2001/55/EC on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof. During the 1990s, conflicts in the former Yugoslavia, in Kosovo and elsewhere demonstrated the need for special procedures to deal with mass influxes of displaced persons. The 2001 Directive was the EU’s concrete response to this need. However, the provisions within this Directive, based on solidarity between EU States, have not been triggered so far. Main aim:  To have common processes for situations of mass influx.These processes under Temporary Protection Directive are “sleeping” and can be activated only by the Council of the EU.  It is not possible to operate the same procedural standards in the situations of mass influx. Therefore, the Directive requires only basic procedures to be followed in case the temporary protection is active.  This temporaryprotection is compatiblewith theMember States’ international obligations in regard to refugees. In particular, it must not prejudge the recognition of refugee status pursuant to the Geneva Convention of 28 July 1951 on the status of refugees.

Temporary Protection Directive covers these areas:

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What is temporary protection?

Temporary protection is an exceptional measure to provide displaced persons from non-EU countries and unable to return to their country of origin, with immediate and temporary protection .

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