Slovenian National Assembly

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: 25/11/2016

Subsidiarity Concern:

No Important information to exchange

No Veto

Information on parliamentary scrutiny

The Committee on the Interior, Public Administration and Local Self-Government discussed the proposal at its 47th extraordinary meeting of 21 November 2016.

And at it's 107th meeting of 25 November 2016 the Committee on EU Affairs of the National Assembly of the Republic of Slovenia adopted the following Position:

The Republic of Slovenia is critical of the Proposal for a Directive of the European Parliament and of the Council laying down standards for the reception of applicants for international protection (recast) and does not support it in its current form.

Slovenia believes that the standards for the reception of applicants for international protection are a highly important element of the common EU asylum policy which should be directly binding. In the overall reform package of the EU asylum law, only this legislative act is proposed as a directive, while other acts are proposals for regulations. As it involves the integration of individual segments of asylum policy, Slovenia believes that the whole package should only include regulations. Considering that preventing secondary movements of applicants for international protection is in fact one of the proposal’s key objectives, it is all the more incomprehensible that the act is proposed in the form of a directive.

The Republic of Slovenia considers the full text of the proposal to be very incomplete, since the purpose of some provisions is not quite clear and should have been much more explicit so that it could be implemented in practice, thus pursuing the set objectives. Furthermore, from the wording and explanation of the proposal the relationships between individual elements are not clear. Likewise, the text of the proposal includes a number of references to the proposals of other acts that are still being discussed. Forasmuch as the meaning of the provision depends on the final text of the provisions of the secondary act, it is impossible to take a position on such provisions at this stage. For such reason, in the discussion of content related provisions that are regulated in various legislative acts, the Republic of Slovenia will suggest a horizontal approach.

The Republic of Slovenia does not agree with the provision modifying the conditions for access to the labour market, whereby it opposes in particular to the provision stipulating that priority access to the labour market should be given to applicants whose applications are deemed to be granted. According to the Republic of Slovenia, the duration of the procedure itself does not have an explicit link with the decision on the status, so it is not possible to implement such provision in a non-discriminatory manner and without the unnecessary administrative burdens. Moreover, there is judicial protection against any decision in the procedure for granting international protection, so a Member State cannot know in advance which application could be granted in or under the judicial protection procedure.

In addition, the Republic of Slovenia does not support the provisions on material reception conditions, the modalities of material reception conditions and the reduction and withdrawal of material reception conditions. The proposal maintains the option for the Member States to  provide the material reception conditions in kind or through financial support, whereby in terms of the modality as regards restricting or withdrawing material reception conditions they stipulate that the applicant is provided such only in kind. According to Slovenia, this modality can therefore be interpreted that the provision of material reception conditions in the form of financial support is considered as a higher standard compared to the provision in kind, which is not apparent from the definition of material reception conditions, as it involves an equivalent provision of material conditions. The Republic of Slovenia provides the material reception conditions in kind which means that according to the new proposal it cannot limit the material conditions to the applicant. This is particularly important in the context of the new proposal, as the breach of the asylum accommodation rules also constitutes a reason for limiting the material conditions.

As regards the material reception conditions, the Republic of Slovenia welcomes the purpose of the proposal; namely that the applicant enjoys the rights only in the Member State responsible. However, the proposal for a directive does not give a clear answer to the question of providing material reception conditions to applicants who are subject to a return procedure to the competent Member State under the Dublin Regulation.

The Republic of Slovenia is reserved to the provisions taking into account the formation of family ties while on the way to the Member State concerned and the extending the scope of family members to include siblings. In this respect, it draws attention to the possibility of abuse and the difficulty in proving the occurrence of such family relation and its actual existence.

Contact points for EU matters

IPEX Correspondents:
Phone: 00 386 478 9482  Email Mrs. Aleksandra-Saša Lavrič Phone: 00 386 478 9664  Email Ms. Polona Klemenčič
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