Doc. 8225
6 October 1998

Restrictions on asylum in the member states of the
Council of Europe and the European Union

Motion for a recommendation

presented by MM. Jurgens, Gross and others

This motion has not been discussed in the Assembly and commits only the members who have signed it

1.       The Assembly is concerned by the recent trend towards restrictive asylum policies in a number of member states of the Council of Europe and the European Union. The positive recognition rate for asylum applicants has decreased significantly over the last few years. Solidarity and burden-sharing between European countries with regard to refugees and asylum-seekers is not really practised, leaving the neighbouring countries to a conflict or crisis zone to cope with large numbers of refugees and displaced persons thus further increasing regional political instability.

2.       The European Union has adopted a number of measures aiming to develop harmonised asylum policies across the Union. However, the implications of the Schengen Agreements, the Dublin Convention and the Amsterdam Treaty raise two principal areas of concern. :

i.       the content of the European Union asylum policy itself and whether it provides sufficient protection for persons in need: minimum standards with respect to the qualification of third country nationals as refugees, minimum standards on reception, minimum standards for giving temporary protection, expulsion to ‘safe’ third countries, etc;

ii.       the consequences of the European Union asylum policy for surrounding states. The European Union’s external border is an internal border of the Council of Europe, and therefore policies relating to asylum seekers which have the effect of placing responsibility for persons in need of protection on countries outside the Union are of particular concern.

3.       The Assembly recommends that the Committee of Ministers draw up a European convention on the harmonisation of asylum policies in Europe. The convention should provide guidelines to the member states of the Council of Europe in developing their asylum policies, harmonising asylum procedures, granting minimum protection and achieving more balanced burden-sharing across Europe.

Signed : ¹

Jurgens, Netherlands, SOC

Gross, Switzerland, SOC

Atkinson, United Kingdom, EDG

Billing, Sweden, EDG

Davis, United Kingdom, SOC

Dinçer, Turkey, SOC

Gelderblom-Lankhout, Netherlands, LDR

Iwinski, Poland, SOC

Judd, United Kingdom, SOC

Mutman, Turkey, SOC

Ponsonby, United Kingdom, SOC

Ruffy, Switzerland, SOC

Russell-Johnston, United Kingdom, LDR

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group