Reception of asylum seekers. France misapplies the directive

(B2) The European Commission made public, on 26 November, its investigation report assessing the implementation by Member States of the 2003 directive on minimum standards for the reception of asylum seekers, often referred to as the 'reception conditions directive'.

Satisfactory transfer...
Generally speaking, the directive has been transposed "satisfactorily in the majority of Member States", underlines the Commission. “Only a few problems of a horizontal nature related to incorrect transposition or incorrect application of the directive were observed”. Moreover, contrary to the “predictions made following the adoption of the directive, it seems that Member States have not lowered their previous standards of assistance to asylum seekers”, she believes. Concerning France, two main problems are noted. On the one hand, the applicability of the directive is limited during the period during which the Member State responsible for processing the asylum application under Dublin regulation is determined. On the other hand, the delivery of the document to the asylum seeker attesting to his status within three days after the filing of their asylum application is not respected, although it does not appear clearly in the legislation.

But many social rights flouted...
On the other hand, the Commission's assessment is more severe for the social rights granted to asylum seekers. "The wide discretion granted by the Directive in various areas, in particular as regards access to employment and health care, the level and form of material reception conditions, rights linked to free movement and the needs of vulnerable people, hinders the establishment of identical rules in the Member States with regard to reception conditions", underlines the report.

Problematic French situation
For France, several major problems or irregularities are thus mentioned. Here are five:
1° The financial benefits paid to asylum seekers are often “too modest to ensure subsistence”;
2° Contrary to the provisions of the directive, “access to education for minors placed in detention is refused, made impossible or very limited in practice”;
3° Persons with special needs are not taken care of;
4° The length of working time authorized for asylum seekers is too limited;
5° France is one of the States — along with Cyprus and Italy — experiencing a structural shortage of places available for their asylum seekers.

Frattini announces revision of the directive
Faced with all these questions, the European Commissioner for Justice, Freedom and Security, Franco Frattini, announced his “intention to propose modifications to be made to the directive, in order to resolve these questions, in 2008”. This after the completion of the consultation on the green paper.

Note: One public hearing on the future common European asylum system took place on 7 November.