The European Commission has recently put forward a proposal for a draft Regulation establishing a European Asylum Support Office. This proposal forms part of EU efforts to develop a comprehensive asylum policy. The Commission has taken another step in harmonizing asylum rules.
The European Commission recalls that the European Council whilst adopting the European Pact on Immigration and Asylum has expressly agreed "to establish in 2009 a European support office with the task of facilitating the exchange of information, analyses and experience among Member States, and developing practical cooperation between the administrations in charge of examining asylum applications."
The European Asylum Support Office would have the institutional form of a regulatory agency and will enjoy legal, administrative and financial autonomy. The EASO will exercise the implementing powers conferred upon it by this Regulation. According to Jacques Barrot, Commissioner responsible for freedom, security and justice, "The office would have no decision-making powers, because it must be clear that in asylum matters its national authorities which make the decisions on who to admit and refuse.” Nevertheless, while stressing that Member States asylum decisions differ substantially, he said “Twenty-five percent of positive decisions are taken by Austria, Belgium, Sweden and Italy, while the respective figure is less than 3% in Slovakia, Greece and Slovenia. The support office will make it possible to harmonise these figures: the countries lagging on asylum will catch up with those having a better record.”
The Office will be responsible for facilitating, coordinating and strengthening practical cooperation among Member States on asylum matters as well as contributing to the implementation of the Common European Asylum System. Practical cooperation on asylum is aiming at increasing the convergence of Member States' decision-making procedures on asylum issues.
In order to contribute to the implementation of the Common European Asylum System the Office will coordinate and promote exchange of information between Member State’s asylum authorities and between them and the Commission regarding the implementation of all instruments of the Community asylum acquis. In fact, it will create factual, legal and case-law databases on national, European and international asylum instruments. The Draft Regulation foresees, particularly, that the Office will gather information on the processing of applications for international protection by national authorities as well as information on national legislation and legislative developments in the field of asylum, including case law.
The Office will support Member States facing strong pressure on their asylum systems. In fact, the European support Office is mainly intended to help countries such as Malta and Cyprus, which are subject to particular pressure from asylum seekers. The Office will coordinate and support common action to assist Member States which are faced with particular pressure on their asylum systems due to their geographical or demographic situations. It would set up an early warning system to notify the Member States of any influx of applicants for international protection. It would also coordinate action intended to ensure that appropriate reception facilities can be promptly established by the Member State under pressure.
The EASO will also be in charge of coordinating the asylum support teams. Such teams would be made up of national asylum experts that will be deployed at the request of Member States faced with a mass influx of asylum seekers into their territory. Member States would be required to contribute to the Asylum Intervention Pool via a national expert pool on the basis of defined profiles. The agency would cover the costs incurred by Member States in making their experts available for deployment to asylum support teams such as travel costs, vaccinations, insurance, health care, daily subsistence allowances and technical equipment.
Moreover, the Office would also support those Member States by coordinating exchanges of information and all other activities concerning the implementation of mechanisms for the intra-Community transfer, on a voluntary basis, of beneficiaries of international protection from such Member States to others.
The EASO would also be in charge of providing scientific and technical assistance for the development of asylum policy and legislation. It would also assist EU Member States in comparing good practices and organising training at EU level.
The EASO will provide assistance to Member States in taking decisions on asylum claims whilst coordinating their activities. Such agency will coordinate and step up cooperation on asylum between Member States contributing therefore to harmonise different national practices.
It is important to mention that such scheme is likely to weaken the UK asylum controls. The EASO will try to interfere with the UK decision on who to admit and refuse.
The Office will he headed by a Management Board composed of representatives of the Member States and the Commission, and by an executive committee. The decision on Office's headquarters will be taken by the Heads of State and Government.
Obviously, the creation of another agency will have budgetary implications. The Office will have a Community budget line. Some of the budgetary resources presently allocated to the European Refugee Fund (ERF) for Community actions would be transferred to the EASO.
The Commission foresees a budget of €40.25 million for 2010 to 2013, which breaks down as follows: €5.25 million in 2010, €8 million in 2011, €12 million in 2012 and €15 million in 2013. Hence, in 2013 the budget would triple. The Office would open with a team of 24 but a total of 94 people would be hired gradually between 2010 and 2013. It remains to be seen what will be the UK contribution to the new agency.
The European Asylum Support Office could be therefore opened in 2010 if the Council and the European Parliament approved the Commission’s proposal. On 27 February, the Justice and Home Affairs Council held a first exchange of views on the proposal. The idea was welcomed by most of the EU Member States. The Council also discussed a supplementary draft decision aimed at transferring funding from the European Refugee Fund to the asylum support office.
The Czech Republic is expecting to reach an agreement under its EU Presidency.
The first meeting of the Management Board of the European Asylum Support Office (EASO) has taken place in Malta on 25 and 26 November 2010.
It is expected that EASO will be fully operational by June 2011.
The Commission has estimated that EASO will cost in 2010 – 2013 around €40 million.
Phil Woolas, the Minister of State for Borders and Immigration at the Home Office has recently said to the European Scrutiny Committee that the Government has not decided yet whether to opt into the draft Regulation. The Government is particularly concerned about the EASO costs and size.
Nevertheless, Phil Woolas has stressed “we very much wish to remain involved in the cooperation initiatives that the [EASO] will coordinate, and this desire will weigh considerably in the Government’s opt in decision.”
Moreover, the Government is also concerned that the EASO would “organise, promote and co-ordinate the “analysis” of country-of-origin information” which, according to the Minister, may allow the EASO “to play a role in deciding when asylum seekers from certain countries should be granted protection.”
Furthermore he said “We will closely scrutinise its proposed remit in terms of how far the Office would seek to harmonise country specific asylum policy.”