3.4.2. Legislative and policy changes

Comprehensive laws and policies on international protection, as well as amendments to existing legislation, were drafted in several EU+ countries or were in the process of negotiation. They concerned the conditions to be fulfilled for a residence permit, the issuance of a negative decision on international protection jointly with a return decision, and changes to the first instance procedure.

A new asylum and immigration law was discussed in France throughout 2023, with several proposals suggesting changes and adjustments for a more efficient asylum procedure. The law was promulgated at the beginning of 2024.396  

Romania changed their legislation to enable the issuance of a negative decision on international protection jointly with a return decision, while Bulgaria was in the process of amending its legislation with the same purpose.397 The Romanian legislation also clarifies that the return decision is suspended until the asylum decision remains final and that applicants benefit from their rights until the procedure is finalised.398 The law was amended in Luxembourg to ensure that legislation aligns with the relevant CJEU judgment and there are now some exceptions from the automatic return decision which is included in a negative asylum decision.

New legislation entered into force in July 2023 in Czechia, amending the Act on Asylum and Foreign Nationals. It aims to streamline the asylum procedure before administrative authorities and administrative courts.

In Germany, the federal government and federal states agreed in May 2023 on speeding up asylum procedures by ensuring that all asylum applications are filed within 2 weeks and a BAMF personal interview must be held within 4 weeks. In addition, more advanced digital infrastructures would be provided to the relevant authorities.399  

The Swedish Migration Agency updated its legal position on the protection needs of nationals from Yemen.400  

Externalisation of asylum procedures

In 2023, several EU Member States considered the transfer of asylum applicants to third countries for the processing of their asylum claims.

UNHCR provided an advisory opinion on the proposal of two Belgian MPs in opposition, urging to refrain from establishing laws and practices externalising asylum procedures and responsibilities to third countries, which would be in violation of international obligations.401  

In November 2023, Italy signed a protocol with Albania to process asylum applications of people rescued at sea who wish to apply for asylum in Italy in the following 5 years. According to the protocol, Italy would pay for Albania to build two centres where such applications would be processed and where applicants would be received, with the exception of children, pregnant women and vulnerable applicants.402 However, on 18 January 2024, the Constitutional Court of Albania temporarily blocked the ratification of the protocol, which was followed by a narrow 5 to 4 decision declaring the protocol to be constitutional and paving the way for ratification in the Albanian parliament (see Section 3.1).403  Also in January 2024, UNHCR published its analysis of the protocol, noting that personal interviews and the establishment of a regular monitoring mechanism by Italy on the transfers and the quality and fairness of the procedure were not addressed in the protocol. UNHCR highlighted that the legislation should also ensure that the implementation of the protocol does not lead to a transfer of responsibility, nor undermine Italy's legal obligations.404