Directive 2003/9 - Minimum standards for the reception of asylum seekers - Main contents

official title

 

Legal instrument	Directive
Number legal act	Directive 2003/9
Original proposal	COM(2001)181
CELEX number i	32003L0009

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Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers

Official Journal L 031 , 06/02/2003 P. 0018 - 0025

Council Directive 2003/9/EC

of 27 January 2003

laying down minimum standards for the reception of asylum seekers

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular point (1)(b) of the first subparagraph of Article 63 thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the European Parliament(2),

Having regard to the opinion of the Economic and Social Committee(3),

Having regard to the opinion of the Committee of the Regions(4),

Whereas:

• (1) 

  A common policy on asylum, including a Common European Asylum System, is a constituent part of the European Union's objective of progressively establishing an area of freedom, security and justice open to those who, forced by circumstances, legitimately seek protection in the Community.

• (2) 

  At its special meeting in Tampere on 15 and 16 October 1999, the European Council agreed to work towards establishing a Common European Asylum System, based on the full and inclusive application of the Geneva Convention relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967, thus maintaining the principle of non-refoulement.

• (3) 

  The Tampere Conclusions provide that a Common European Asylum System should include, in the short term, common minimum conditions of reception of asylum seekers.

• (4) 

  The establishment of minimum standards for the reception of asylum seekers is a further step towards a European asylum policy.

• (5) 

  This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to ensure full respect for human dignity and to promote the application of Articles 1 and 18 of the said Charter.

• (6) 

  With respect to the treatment of persons falling within the scope of this Directive, Member States are bound by obligations under instruments of international law to which they are party and which prohibit discrimination.

• (7) 

  Minimum standards for the reception of asylum seekers that will normally suffice to ensure them a dignified standard of living and comparable living conditions in all Member States should be laid down.

• (8) 

  The harmonisation of conditions for the reception of asylum seekers should help to limit the secondary movements of asylum seekers influenced by the variety of conditions for their reception.

• (9) 

  Reception of groups with special needs should be specifically designed to meet those needs.

• (10) 

  Reception of applicants who are in detention should be specifically designed to meet their needs in that situation.

• (11) 

  In order to ensure compliance with the minimum procedural guarantees consisting in the opportunity to contact organisations or groups of persons that provide legal assistance, information should be provided on such organisations and groups of persons.

• (12) 

  The possibility of abuse of the reception system should be restricted by laying down cases for the reduction or withdrawal of reception conditions for asylum seekers.

• (13) 

  The efficiency of national reception systems and cooperation among Member States in the field of reception of asylum seekers should be secured.

• (14) 

  Appropriate coordination should be encouraged between the competent authorities as regards the reception of asylum seekers, and harmonious relationships between local communities and accommodation centres should therefore be promoted.

• (15) 

  It is in the very nature of minimum...

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