Directive 2005/85 - Minimum standards on procedures in Member States for granting and withdrawing refugee status - Main contents
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official title
Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2005/85 |
| Original proposal | COM(2000)578  |
| CELEX number i | 32005L0085 |
| Document | 01-12-2005 |
|---|---|
| Publication in Official Journal | 29-06-2006; Special edition in Bulgarian: Chapter 19 Volume 007,OJ L 326, 13.12.2005,Special edition in Croatian: Chapter 19 Volume 007,Special edition in Romanian: Chapter 19 Volume 007,OJ L 175M , 29.6.2006 |
| Effect | 02-01-2006; Entry into force Date pub. +20 See Art 45 |
| End of validity | 20-07-2015; Partial end of validity See 32013L0032 Art. 53 31-12-9999; Partial end of validity See 32024R1348 Art. 78.3 |
| Transposition | 01-12-2007; See Art 43 |
13.12.2005 |
EN |
Official Journal of the European Union |
L 326/13 |
COUNCIL DIRECTIVE 2005/85/EC
of 1 December 2005
on minimum standards on procedures in Member States for granting and withdrawing refugee status
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular point (1)(d) of the first paragraph of Article 63 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the European Economic and Social Committee (3),
Whereas:
(1) |
A common policy on asylum, including a Common European Asylum System, is a constituent part of the European Union’s objective of establishing progressively an area of freedom, security and justice open to those who, forced by circumstances, legitimately seek protection in the Community. |
(2) |
The European Council, at its special meeting in Tampere on 15 and 16 October 1999, agreed to work towards establishing a Common European Asylum System, based on the full and inclusive application of the Geneva Convention of 28 July 1951 relating to the status of refugees, as amended by the New York Protocol of 31 January 1967 (Geneva Convention), thus affirming the principle of non-refoulement and ensuring that nobody is sent back to persecution. |
(3) |
The Tampere Conclusions provide that a Common European Asylum System should include, in the short term, common standards for fair and efficient asylum procedures in the Member States and, in the longer term, Community rules leading to a common asylum procedure in the European Community. |
(4) |
The minimum standards laid down in this Directive on procedures in Member States for granting or withdrawing refugee status are therefore a first measure on asylum procedures. |
(5) |
The main objective of this Directive is to introduce a minimum framework in the Community on procedures for granting and withdrawing refugee status. |
(6) |
The approximation of rules on the procedures for granting and withdrawing refugee status should help to limit the secondary movements of applicants for asylum between Member States, where such movement would be caused by differences in legal frameworks. |
(7) |
It is in the very nature of minimum standards that Member States should have the power to introduce or maintain more favourable provisions for third country nationals or stateless persons who ask for international protection from a Member State, where such a request is understood to be on the grounds that the person concerned is a refugee within the meaning of Article 1(A) of the Geneva Convention. |
(8) |
This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. |
(9) |
With respect to the treatment of persons falling within the scope of this Directive, Member States are bound by obligations under instruments of international law to which they are party and which prohibit discrimination. |
(10) |
It is essential that decisions on all applications for asylum be taken on the basis of the facts and, in the first instance, by authorities whose personnel has the appropriate knowledge or receives the necessary training in the field of asylum and refugee matters. |
(11) |
It is in the interest of both Member States and applicants for asylum to decide as soon as possible on applications for asylum. The organisation of the processing of applications for asylum should be left to the discretion of Member States, so that they may, in accordance with their national needs, prioritise or accelerate the processing of any application, taking into account the... |
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