The European Union has concluded its study on the "Asylum Procedures at the Border". The European Implement Assessment reveals that the current Member State practice does not result in uniform and effective reviews of applications for international protection on the basis of a fair process.
This is because a certain number of Member States apply time-lines within which no serious consideration of an application is feasible.
The additional finding indicates that applicants are placed in detention or restricted in their freedom of movement without considering alternatives and deprived of opportunities to effectively exercise their procedural rights.
The study offers a number of recommendations so that Member States can address the shortcomings identified in future legal and practical arrangements for border procedures.
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5. Conclusions and Recommendations
In this report, we carried out a legal assessment of the transposition and application of border procedures in the EU. The research was centred around two central research questions:
1 Does the application of border procedures by the Member States contribute to the aims of the RAPD, the Common European Asylum System in general, and other EU migration legislation such as the Schengen Borders Code and the Return Directive?
2 Does the transposition and application of border procedures by the Member States comply with EU fundamental rights, including the right to liberty, the prohibition of refoulement, the right to asylum, the right to an effective remedy and the effectiveness of the (procedural) rights granted by EU law?
With regard to question 1, we found that the application of border procedures by the Member States shows serious deficiencies which jeopardises the aims of harmonisation. Some of these deficiencies can be traced back to incorrect transposition and application by the Member States of secondary EU law. However, sometimes the attainment of the objectives underlying harmonisation is hindered by legislative ambiguity in EU law itself (Article 43 RAPD, also in relationship with other instruments of EU law) when it comes to the border procedure.
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5.4. Recommendations
On access to asylum procedures
1 Access to asylum procedures should be ensured at all times and at all external borders of the European Union. Push backs at the external and internal borders of the Member States are prohibited.
On the definition of border procedures
2 EU law should clearly define the border procedure as a procedure in which asylum applicants are not (yet) granted the right to enter.
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To read full study: Asylum Procedures at the Border, European Implementation Assessment
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