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For some years there has been considerable criticism of the uneven distribution across the
member states of the European Union (EU) of asylum applications and the responsibilities related to them. There are substantial differences between member states in the number of asylum applications received, both in absolute and relative terms. Furthermore,
the way the member states deal with asylum seekers and asylum applications varies. This
is remarkable, considering that the standards governing the treatment of asylum applications are identical in the majority of member states, and are laid down in binding EU
directives. The uneven distribution of responsibilities has led to tensions within the EU.
For this reason the State Secretary for Security and Justice asked the Advisory Committee
on Migration Affairs (ACVZ) for advice on how the Common European Asylum System
(CEAS) could be transformed into a system based on solidarity, in which the responsibilities of the member states vis-à-vis asylum seekers and permit holders can be shared fairly
among them.
In its report, the ACVZ proposes a permanent mechanism enabling member states to
share asylum responsibilities. The Advisory Committee understands the term ‘asylum
responsibilities’ as including not only the responsibility for processing asylum applications and providing reception during the application process, but also for the integration
of asylum seekers whose application is accepted and for returning or dealing with those
whose application is dismissed.
As a result of the large number of asylum seekers arriving in the EU this year, the debate
on the unequal distribution of asylum responsibilities has flared up, leading to the introduction of several measures at EU level. One example is the decision of the European
Council to reallocate a total of 160,000 asylum seekers whose asylum application has
a good chance of success from Italy and Greece to other member states. However, the
implementation of these measures has not been without difficulties and is responsible for
even greater tension between member states. It is therefore highly questionable whether
this advisory report can count on broad political support in all EU countries. Nonetheless, the ACVZ deems the creation of a permanent responsibility-sharing mechanism to
be inevitable. It has therefore attempted to forge a proposal that is both legally viable and
practically feasible.
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