Regulation 2024/1348 - Common procedure for international protection in the Union - Main contents

official title

 

Legal instrument	Regulation
Number legal act	Regulation 2024/1348
Original proposal	COM(2016)467
CELEX number i	32024R1348

EN

L series

Official Journal of the European Union

2024/1348                                   22.5.2024

of 14 May 2024

establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2), point (d), thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinions of the European Economic and Social Committee (¹),

Having regard to the opinions of the Committee of the Regions (²),

Acting in accordance with the ordinary legislative procedure (³),

Whereas:

• (1) 

  The objective of this Regulation is to streamline, simplify and harmonise the procedural arrangements of the Member States by establishing a common procedure for international protection in the Union. To meet that objective, a number of substantive changes are made to Directive 2013/32/Eu of the European Parliament and of the Council (⁴) and that Directive should be repealed and replaced by a Regulation. References to the repealed Directive should be construed as references to this Regulation.

• (2) 

  A common policy on asylum based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (the ‘Geneva Convention’), is a constituent part of the European Union’s objective of establishing progressively an area of freedom, security and justice open to third-country nationals and stateless persons who seek protection in the Union. Such a policy should be governed by the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States.

• (3) 

  The Common European Asylum System (CEAS) is based on common standards for asylum procedures, recognition and protection offered at Union level and reception conditions and establishes a system for determining the Member State responsible for examining an application for international protection. Notwithstanding the progress that has been made in the development of the CEAS, there are still notable disparities between the Member States as regards the procedures used, the recognition rates, the type of protection granted, the level of material reception conditions and benefits given to applicants and beneficiaries of international protection. Those disparities are important drivers of secondary movements and undermine the objective of ensuring that in the CEAS all applicants are equally treated wherever they apply for international protection in the Union.

• (4) 

  In its communication of 6 April 2016 ‘Towards a Reform of the Common European Asylum System and Enhancing Legal Avenues to Europe’, the Commission set out priority areas where the CEAS should be structurally improved, namely the establishment of a sustainable and fair system for determining the Member State responsible for examining an application for international protection, the reinforcement of the Eurodac system, the achievement of greater convergence in the asylum system, the prevention of secondary movements within the Union and an enhanced mandate for the European Union Agency for Asylum established by Regulation (EU) 2021/2303 of the

• (¹) 

  OJ C 75, 10.3.2017, p. 97 and OJ C 155, 30.4.2021, p. 64.

• (²) 

  OJ C 207, 30.6.2017, p. 67 and OJ C 175, 7.5.2021, p. 32.

• (³) 

  Position of the European Parliament of 10 April 2024 (not yet published in the Official Journal) and decision of the Council of 14 May 2024.

• (⁴) 

  Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on...

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