|
Luxembourg |
2021 |
Legislative |
|
The Dublin procedure |
A modification to the Asylum Law came into force in July 2021. An appeal against a Dublin transfer decision means an automatic suspension of the transfer until the administrative court takes a final decision within 1 month. |
EUAA Asylum Report 2022 |
|
Slovenia |
2021 |
Legislative |
|
The Dublin procedure |
Amendments to the International Protection Act (IPA) clarified that applicants awaiting a transfer to another country under the Dublin III Regulation have the same reception rights as other applicants until their transfer. |
EUAA Asylum Report 2022 |
|
Sweden |
2021 |
Legislative |
|
Special procedures to assess protection needs |
Legislative changes to the Aliens Act were introduced allowing the Migration Agency to reject an application as manifestly unfounded when the applicant comes from a country included in the list of safe countries of origin. The decision becomes immediately enforceable with no automatic suspensive effect or the right to remain pending the outcome of an appeal procedure. The agency published a corresponding legal position. |
EUAA Asylum Report 2022 |
|
Belgium |
2022 |
Legislative |
|
Processing asylum applications at first instance |
A legal amendment explicitly allowed the CGRS to organise interviews through videoconference for applicants for international protection. |
EUAA Asylum Report 2023 |
|
Estonia |
2022 |
Legislative |
|
Detention during the asylum procedure |
Amendments to the Obligation to Leave and Prohibition on Entry Act (OLPEA) came into force, providing for the possibility for the PBGB or the Estonian Internal Security Service to detain third-country nationals for up to 48 hours, without the permission of an administrative court, to carry out identification procedures and to determine whether they are subjected to an obligation to leave the country. |
EUAA Asylum Report 2023 |
|
Netherlands |
2020 |
Legislative |
|
Content of protection |
The Alien Circular 2000 now explicitly states that the IND has to always include in the decision on family reunification all indicative statements and documents, and in some cases, further examination may be initiated. When a contradiction leads to no further investigation, this has to be motivated. |
EASO Asylum Report 2021 |
|
Germany |
2022 |
Legislative |
|
Content of protection |
The draft of the Second Law for the Introduction of a Right of Opportunity to Stay proposed to end the accumulation of tolerated stay periods (Kettenduldung), which would no longer be counted towards residence rights. |
EUAA Asylum Report 2023 |
|
Sweden |
2020 |
Legislative |
|
Access to procedure |
The Swedish Migration Agency, the police and Swedish diplomatic missions abroad were also given the right to process sensitive data, as described by the Aliens Data Act, and to test and develop existing IT systems for managing the personal data of third-country nationals, for example to participate in international cooperation. |
EASO Asylum Report 2021 |
|
Italy |
2022 |
Legislative |
|
Access to procedure |
A new code of conduct for NGOs carrying out rescues at sea entered into force. |
EUAA Asylum Report 2023 |
|
Switzerland |
2020 |
Legislative |
|
Return of former applicants |
An amendment to the ordinance on implementation of return and expulsion of foreigners settles access rights, data security and data retention of the new information system, eRetour. |
EASO Asylum Report 2021 |
|
Luxembourg |
2022 |
Legislative |
|
Detention during the asylum procedure |
A bill was introduced to the parliament proposing to extend the possibility of administrative detention to any illegally-staying foreigner who needs to be forcibly removed, including EU citizens and their family members who were issued a removal order. |
EUAA Asylum Report 2023 |
|
Italy |
2020 |
Legislative |
|
Reception of applicants for international protection |
SIPROIMI was transformed into SAI (System for Reception and Integration). Asylum applicants can now access these reception centres. However, a distinction between services provided to different profiles is made: only beneficiaries of protection can benefit from labour orientation and professional training. |
EASO Asylum Report 2021 |
|
Poland |
2022 |
Legislative |
|
Persons with special needs in the asylum procedure |
The Special Act was adopted to increase the penalty for trafficking in human beings to imprisonment from 10 to 15 years or 25 years. |
EUAA Asylum Report 2023 |
|
Lithuania |
2020 |
Legislative |
|
Special procedures to process asylum applications |
Applicants applying at border crossing points or transit zones are not considered to have entered the territory until a decision to allow entrance is issued. The Migration Department must issue this decision within 48 hours. Applicants refused entry are accommodated at the border crossing points or transit zones for the time of lodging an appeal. |
EASO Asylum Report 2021 |
|
Spain |
2022 |
Legislative |
|
Resettlement and humanitarian admissions |
The government approved the National Resettlement Programme for 2023 which includes the resettlement of 1,200 refugees. |
EUAA Asylum Report 2023 |
|
Luxembourg |
2020 |
Legislative |
|
Content of protection |
The reform of the Integration Act is foreseen, and the Minister for Families and Integration launched a public consultation. |
EASO Asylum Report 2021 |
|
Greece |
2020 |
Legislative |
|
Access to procedure |
Following a law amendment, the Regional Services for Reception and Identification are also considered to be competent receiving authorities for the full registration of international protection. |
EASO Asylum Report 2021 |
|
Greece |
2020 |
Legislative |
|
Legal assistance and representation |
A Joint Ministerial Decision clarified the implementation rules for the provision of legal aid to applicants for international protection. |
EASO Asylum Report 2021 |
|
Hungary |
2020 |
Legislative |
|
Processing asylum applications at first instance |
Government Decree No 411/2020 (VIII.30.) extended the validity of Government Decree No 41/2016 (III.9.) until 7 March 2021, stating that there is a continued state of crisis caused by mass migration. |
EASO Asylum Report 2021 |
|
Belgium |
2020 |
Legislative |
|
Processing asylum applications at second or higher instance |
Due to COVID-19 restrictions, Belgium adopted an exceptional regulation which temporarily allowed an additional procedural document to be submitted when the appeal was restricted to a written procedure. |
EASO Asylum Report 2021 |
|
Cyprus |
2020 |
Legislative |
|
Special procedures to process asylum applications |
An amendment specified that an application could be examined under the accelerated procedure, and its examination is to be prioritised within 30 days from its lodging. This time limit can be extended up to 2 months. The time limit for lodging an appeal against a negative decision is 15 days. |
EASO Asylum Report 2021 |
|
Estonia |
2020 |
Legislative |
|
Processing asylum applications at second or higher instance |
An amendment clarified that the appeal against the rejection and return decision has a suspensive effect. |
EASO Asylum Report 2021 |
|
Netherlands |
2019 |
Legislative |
|
Unaccompanied minors and vulnerable groups |
Major changes were implemented for applicants in the Dublin procedure who claimed to be victims of human trafficking. This group of applicants will now only receive the special temporary residence permit for victims of human trafficking if their presence is considered to be essential for the investigation and prosecution of the case, and the Netherlands as a consequence only takes responsibility for their application if that is the case. |
NL LEG 05 2019 |
|
Germany |
2019 |
Legislative |
|
Reception of applicants for international protection |
Adult applicants without children are required to live in an initial reception centre for a maximum period of 18 months (federal states may decide to extend this period to 24 months). The previous law defined a 6-month maximum period. |
DE LEG 03 2019 |
|
Greece |
2019 |
Legislative |
|
Processing asylum applications at first instance |
Joint Decision on the implementation of exceptional border procedures. |
EL LEG 03 2019 |