EU ministers agree on harmonised living standards for asylum seekers

European justice and home affairs ministers today adopted today a political agreement on the directive laying down standards for the reception of asylum seekers.

The political agreement will force member states to transpose the new provisions into national law within two years. Denmark, Ireland and the United Kingdom are not bound by the directive.

The amended receptions conditions directive will provide better and more harmonized standards of living to applicants for international protection throughout the European Union, irrespective in which member state the application has been made. Particularly important are the new rules concerning detention and the better standards for vulnerable persons including (unaccompanied) minors. Member states that wish to do so can provide for more favourable rules.

The new EU rules take also better into account the different national legal systems, avoid unnecessary administrative and financial burden and enable member states to fight abuse of their asylum systems more effectively.

The new features of the directive include an extensive set of rules governing detention of applicants for international protection.

These rules provide that detention is only possible on the basis of an individual assessment which has to show that other less coercive alternative measures cannot be applied effectively.

Moreover, an applicant for international protection can only be detained if at least one of the grounds listed in the directive applies

The new rules on detention also provide important guarantees for detained applicants, in particular in relation to the review of their detention order and access to free legal assistance and representation.

Furthermore, as a rule, applicants for international protection must be detained in special reception facilities. If this is not possible prison accommodation is allowed, but only under the condition that the applicants is kept separate from criminals.

Finally, a regime providing additional safeguards is established in relation to the detention of vulnerable persons and persons with special reception needs. The amended directive specifies for instance that unaccompanied minors can be detained only in exceptional circumstances and never in prison accommodation.

The time limit for granting access to the labour market is shortened from the currently applicable twelve month to, at the latest, nine months after the lodging of the application. The goal is to enhance self-sufficiency as well as integration of applicants for international protection.

On the basis of the new rules, member states may reduce or, in exceptional and duly justified cases, withdraw material reception conditions when an applicant has lodged a subsequent application.

Member states may provide that such legal assistance and representation is not made available in case the appeal is considered to have no tangible prospect of success. Such a "merits test" is, however, not possible in case of an appeal against a detention order.

Member states must ensure that persons who have been subject to torture, rape or other serious acts of violence receive the necessary treatment, in particular access to appropriate medical and psychological treatment or care. Furthermore, those working with such persons must have had and continue to receive the appropriate training and be bound by confidentiality rules.