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Unformatted text preview: UNHCR comments on the European Commissions proposal for a Directive of the European Parliament and of the Council on minimum standards on procedures in Member States for granting and withdrawing international protection (COM(2009)554, 21 October 2009) INTRODUCTION On 21 October 2009, the European Commission adopted a proposal to recast the Directive of the European Parliament and of the Council on minimum standards on procedures in Member States for granting and withdrawing international protection, (COM(2009) 554). 1 The Office of the United Nations High Commissioner for Refugees (UNHCR) has closely observed the application of the Directive of the European Parliament and of the Council on minimum standards on procedures in Member States for granting and withdrawing international protection 2 (the Directive or APD) since its entry into force. UNHCR has also undertaken research supported by the European Refugee Fund on the application of key provisions of the Directive in selected Member States 3 with the aim of i) evaluating the achievement of the APDs stated objectives, including minimum common rules on asylum procedures, ii) assessing whether the Directive has ensured fair and effective asylum procedures, iii) assessing the respect, in law and in practice of international refugee and human rights law and iv) producing recommendations addressed to EU institutions, Member States and other actors for achieving a Common European Asylum System in line with the 1951 Convention 4 and other relevant treaties. The findings of UNHCRs research, its general observations of practice since transposition of the Directive and other comparative data available 5 identify significant divergences in asylum practice 6 across the EU and 1 European Union: European Commission, Proposal for a Directive of the European Parliament and of the Council on minimum standards on procedures in Member States for granting and withdrawing international protection (Recast) , 21 October 2009, COM(2009) 554 final; 2009/0165 (COD), at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2009:0554:FIN:EN:PDF . 2 European Union: Council of the European Union, Council Directive 2005/85/EC of 1 December 2005 on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status , 2 January 2006, 2005/85/EC, at: http://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32005L0085:en:NOT . 3 UNHCR, Improving Asylum Procedures: Comparative Analysis and Recommendations for Law and Practice - Key Findings and Recommendations , March 2010, at: http://www.unhcr.org/refworld/docid/4bab55752.html. 4 UN General Assembly, Convention Relating to the Status of Refugees , 28 July 1951, United Nations, Treaty Series, vol. 189, p. 137, at: http://www.unhcr.org/refworld/docid/3be01b964.html....
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This note was uploaded on 10/17/2010 for the course ARTS ATOC 230 taught by Professor Henson during the Spring '10 term at McGill.
- Spring '10