The new Qualification Regulation looks to harmonise the criteria for applicants
to qualify for asylum and subsidiary protection, as well as the rights for persons
who benefit from these statuses. The planned Procedure Regulation aims to
provide for “simpler, clearer and shorter procedures”. These new regulations will
also amend and specify the (recast) Reception Conditions Directive. The
planned new set of rules provides for major amendments with regard to four
— Clear standards with regard to the procedures and the reception conditions.
The latter stipulate, for example, that applicants shall always be entitled to
healthcare and to a dignified standard of living, in accordance with
— Integration and labour market access. For example, the time limit for access
to the labour market should be reduced from no later than nine months to no
later than six months from the lodging of the application.
— Freedom of movement. Beneficiaries of international protection shall enjoy
freedom of movement within the territory of the member state that granted
protection. However, member states shall be allowed to impose residence
conditions on a refugee who receives certain specific social security or
social assistance benefits (only) where those restrictions are necessary to
facilitate the beneficiary’s integration. Beneficiaries of international
protection shall not have the right to reside in member states other than the
one that granted protection.
— Obligations and sanctions. The proposed new regulations not only ensure
and harmonise the applicants’ rights, they also stress their obligations, for
example to cooperate with the authorities throughout the procedure, and
specify sanctions. According to the proposals, member states can reject
applications in the event that applicants do not comply with the obligations.
In addition, if applicants stay irregularly in a member state because of fraud
or illegal immigration from another member state, claims on (material)
benefits for an appropriate standard of living – such as access to the labour
market – would expire.