The Bundesrat

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down standards for the reception of applicants for international protection (recast)

Scrutiny details

Subsidiarity deadline: 10/11/2016
Scrutiny Information

Scrutiny date: 04/11/2016

Subsidiarity Concern:

No Important information to exchange

No Veto

Information on parliamentary scrutiny

Referred to Committees on:

European Union Questions
Labour, Integration and Social Policy
Women and Youth

Family and Senior Citizen Affairs
Internal Affairs

Legal Affairs

Lisbon Treaty procedures
  Political Dialogue

09/03/2017 | Reply to Bundesrat - COM20160465

04/11/2016 | Scrutiny results - COM20160465

Concerning the so-called reception-directive, the Bundesrat welcomes the aim of harmonizing standards for the reception of applications for international protection amongst EU member states, reducing incentives for secondary migration and increasing the perspective of integration of applicants.

Detailed critics are brought forward with respect to article 2 para.s 10 and 11, article 7 para.s 2, 5 and 7, as well as article 11 of the draft directive. Particular concerns are raised against article 23 para. 1 of the proposal, as far as it intends to set an obligatory deadline for decisions concerning the appointment of a legal guardian for unaccompanied minors of five working days, starting with the application for international protection. Neither would it be possible to foresee all necessary elements on which a judicial decision must be based, nor would the deadline barely be compatible with the independence and impartiality of the tribunals, protected by article 47 para. 2 of the Charter of Fundamental Rights of the European Union, and the parental rights, protected by constitutional law.

Contact points for EU matters

IPEX Correspondents:
Phone: +49 (0) 301 891 00 471  Email Mr. Michael Hoessl
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