Detailed table

I. Definitions II. General principles
Minor/Child Non-discrimination Best Interest (BI)
Schengen Borders Code (Regulation 562/2006) Art. 6: 2. While carrying out border checks, border guards shall not discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
Recast Reception Conditions Directive (Directive 2013/33/EU) Art. 2: (d) ‘minor’: means a third-country national or stateless person below the age of 18 years Preamble (8): In order to ensure equal treatment of applicants throughout the Union, this Directive should apply during all stages and types of procedures concerning applications for international protection, in all locations and facilities hosting applicants and for as long as they are allowed to remain on the territory of the Member States as applicants. Preamble (9): In applying this Directive, Member States should seek to ensure full compliance with the principles of the best interests of the child and of family unity […]. Art. 23: 1. The best interests of the child shall be a primary consideration for Member States when implementing the provisions of this Directive that involve minors. [...]2. In assessing the best interests of the child, Member States shall in particular take due account of the following factors: (a) family reunification possibilities; (b) the minor’s well-being and social development [...]; (c) safety and security considerations [...]; (d) the views of the minor in accordance with his or her age and maturity.”
Recast Asylum Procedures Directive (Directive 2013/32/EU) Art. 2: (l) ‘minor’: means a third-country national or a stateless person below the age of 18 years Preamble (33): The best interests of the child should be a primary consideration of Member States when applying this Directive [...]. In assessing the best interest of the child, Member States should in particular take due account of the minor’s well-being and social development, including his or her background. Art. 25: 6. The best interests of the child shall be a primary consideration for Member States when implementing this Directive.
Recast Qualification Directive (Directive 2011/95/EU) Art. 2: (k) ‘minor’: means a third-country national or stateless person below the age of 18 years Preamble (17): With respect to the treatment of persons falling within the scope of this Directive, Member States are bound by obligations under instruments of international law to which they are party, including in particular those that prohibit discrimination. Preamble (18): The ‘best interests of the child’ should be a primary consideration of Member States when implementing this Directive, in line with the 1989 United Nations Convention on the Rights of the Child. In assessing the best interests of the child, Member States should in particular take due account of the principle of family unity, the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or her age and maturity. Preamble (38): [...] In exceptional circumstances, where the close relative of the beneficiary of international protection is a married minor but not accompanied by his or her spouse, the best interests of the minor may be seen to lie with his or her original family.
Recast Dublin Regulation (Regulation 604/2013) Art. 2: (i) ‘minor’: means a third-country national or a stateless person below the age of 18 years Preamble (13): [...] the best interests of the child should be a primary consideration of Member States when applying this Regulation. In assessing the best interests of the child, Member States should, in particular, take due account of the minor’s well-being and social development, safety and security considerations and the views of the minor [...]. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability. Preamble (24): Member States should[...] ensure that supervised or escorted transfers are undertaken in a humane manner, in full compliance with fundamental rights and respect for human dignity, as well as the best interests of the child [...].
Recast Eurodac Regulation (Regulation 603/2013) Preamble (35): The best interests of the child should be a primary consideration for Member States when applying this Regulation. Where the requesting Member State establishes that Eurodac data pertain to a minor, these data may only be used [...] in accordance with the obligation to give primary consideration to the best interests of the child.
Anti-Trafficking Directive (Directive 2011/36/EU) Art. 2: 6. For the purpose of this Directive, ‘child’ shall mean any person below 18 years of age Preamble (8): […] Children are more vulnerable than adults and therefore at greater risk of becoming victims of trafficking in human beings. In the application of this Directive, the child’s best interests must be a primary consideration […]. Preamble (22): [...] Member States should ensure that specific assistance, support and protective measures are available to child victims. Those measures should be provided in the best interests of the child and in accordance with the 1989 United Nations Convention on the Rights of the Child. [...] Art. 13: 1. [...]In the application of this Directive the child’s best interests shall be a primary consideration.
Directive on Residence permits for victims of human trafficking (Directive 2004/81/EC)” Preamble (7): Member States should give effect to the provision of this Directive without discrimination on the basis of sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or belief, political or other opinions, membership of a national minority, fortune, birth, disabilities, age or sexual orientation. Art. 10: (a) Member States shall take due account of the best interests of the child when applying this Directive.
Family Reunification Directive (Directive 2003/86/EC) Art. 2: (f) ‘unaccompanied minor’ means third country nationals or stateless persons below the age of eighteen, […]. Preamble (5): Member States should give effect to the provisions of this Directive without discrimination on the basis of sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or beliefs, political or other opinions, membership of a national minority, fortune, birth, disabilities, age or sexual orientation. Art. 5: 5. When examining an application, the Member States shall have due regard to the best interests of minor children.
Return Directive (Directive 2008/115/EC) Preamble (21): Member States should implement this Directive without discrimination on the basis of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinions, membership of a national minority, property, birth, disability, age or sexual orientation. Preamble (22): In line with the 1989 United Nations Convention on the Rights of the Child, the ‘best interests of the child’ should be a primary consideration of Member States when implementing this Directive. […] Art. 5: When implementing this Directive, Member States shall take due account of: (a) the best interests of the child; (b) family life;(c) the state of health of the third-country national concerned, and respect the principle of non-refoulement.”
II. General principles
Right to be heard/ Right to participation
Right to information Interview
Schengen Borders Code (Regulation 562/2006)
Recast Reception Conditions Directive (Directive 2013/33/EU) Art. 5: 1. Member States shall inform applicants, within a reasonable time not exceeding 15 days after they have lodged their application for international protection, of at least any established benefits and of the obligations with which they must comply relating to reception conditions. [...] Art. 9: 4. Detained applicants shall immediately be informed [...] of the reasons for detention and the procedures laid down in national law for challenging the detention order, as well as of the possibility to request free legal assistance and representation. Art. 23: 2. In assessing the best interests of the child, Member States shall in particular take due account of the following factors: […] (d) the views of the minor in accordance with his or her age and maturity.
Recast Asylum Procedures Directive (Directive 2013/32/EU) Preamble (22): [...] applicants should be provided at first instance, free of charge, with legal and procedural information, taking into account their particular circumstances. Art. 8: 1. Where there are indications that third-country nationals or stateless persons [...] may wish to make an application for international protection, Member States shall provide them with information on the possibility to do so. [...] Art. 25: 4. Unaccompanied minors and their representatives shall be provided, free of charge, with legal and procedural information as referred to in Article 19 also in the procedures for the withdrawal of international protection provided for in Chapter IV. Art. 34: 1. Member States shall allow applicants to present their views [...] before the determining authority decides on the admissibility of an application for international protection. To that end, Member States shall conduct a personal interview on the admissibility of the application. [...]
Recast Qualification Directive (Directive 2011/95/EU) Art. 22: Member States shall provide beneficiaries of international protection, as soon as possible after refugee status or subsidiary protection status has been granted, with access to information, in a language that they understand or are reasonably supposed to understand, on the rights and obligations relating to that status. Preamble (18): […] In assessing the best interests of the child, Member States should in particular take due account of the principle of family unity, the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or her age and maturity.
Recast Dublin Regulation (Regulation 604/2013) Art. 4: As soon as an application for international protection is lodged within the meaning of Article 20(2) in a Member State, its competent authorities shall inform the applicant of the application of this Regulation, and in particular of: (a) the objectives of this Regulation [...]; (b) the criteria for determining the Member State responsible, [...]; (c) the personal interview. [...] 2. The information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is reasonably supposed to understand. [...] Preamble (4) Implementing Regulation 118/2004: A common leaflet on Dublin/ Eurodac, as well as a specific leaflet for unaccompanied minors, [...] are not provided for in Regulation (EC) No 1560/2003. Consequently, new provisions should be added. Annex XI is also relevant. Art. 5: 1. In order to facilitate the process of determining the Member State responsible, the determining Member State shall conduct a personal interview with the applicant. The interview shall also allow the proper understanding of the information supplied to the applicant in accordance with Article 4. [...]
Recast Eurodac Regulation (Regulation 603/2013)
Anti-Trafficking Directive (Directive 2011/36/EU) Art. 11: 5. The assistance and support measures referred to in paragraphs 1 and 2 shall be provided on a consensual and informed basis, and shall include [...] necessary medical treatment including psychological assistance, counselling and information, and translation and interpretation services where appropriate.6. The information referred to in paragraph 5 shall cover, where relevant, information on a reflection and recovery period pursuant to Directive 2004/81/EC, and information on the possibility of granting international protection pursuant to Council Directive 2004/83/EC [...] and Council Directive 2005/85/EC [...]. Art. 15: 3. Without prejudice to the rights of the defence, Member States shall take the necessary measures to ensure that [...]: (a) interviews with the child victim take place without unjustified delay [...]; (b) interviews with the child victim take place, where necessary, in premises designed or adapted for that purpose; (c) interviews with the child victim are carried out, where necessary, by or through professionals trained for that purpose; [...] (f) the child victim may be accompanied by a representative or, where appropriate, an adult of the child’s choice [...].
Directive on Residence permits for victims of human trafficking (Directive 2004/81/EC)” Art. 5: When the competent authorities of the Member States take the view that a third-country national may fall into the scope of this Directive, they shall inform the person concerned of the possibilities offered under this Directive. Member States may decide that such information may also be provided by a non-governmental organisation or an association specifically appointed by the Member State concerned.
Family Reunification Directive (Directive 2003/86/EC) Art. 5: 4. The competent authorities of the Member State shall give the person, who has submitted the application, written notification of the decision as soon as possible and in any event no later than nine months from the date on which the application was lodged. In exceptional circumstances linked to the complexity of the examination of the application, the time limit referred to in the first subparagraph may be extended. Reasons shall be given for the decision rejecting the application. Any consequences of no decision being taken by the end of the period provided for in the first subparagraph shall be determined by the national legislation of the relevant Member State. Art. 5: 2. […] If appropriate, in order to obtain evidence that a family relationship exists, Member States may carry out interviews with the sponsor and his/her family members and conduct other investigations that are found to be necessary. […]
Return Directive (Directive 2008/115/EC) Art. 7: 1. A return decision shall provide for an appropriate period for voluntary departure [...]. Member States may provide in their national legislation that such a period shall be granted only following an application by the third-country national concerned. In such a case, Member States shall inform the third-country nationals concerned of the possibility of submitting such an application. Art. 12: 1. [Decisions] shall be issued in writing and give reasons in fact and in law as well as information aboutavailable legal remedies.2. Member States shall provide, upon request, a written or oral translation of the main elements of decisions [...].”
II. General principles III. Civil rights and freedoms
Right to life, survival and development Identification as child/ unaccompanied child Registration and documentation
Schengen Borders Code (Regulation 562/2006)
Recast Reception Conditions Directive (Directive 2013/33/EU) Preamble (11): Standards for the reception of applicants that will suffice to ensure them a dignified standard of living and comparable living conditions in all Member States should be laid down. Art. 17: 2. Member States shall ensure that material reception conditions provide an adequate standard of living for applicants, which guarantees their subsistence and protects their physical and mental health. Art. 23: 1. [...] Member States shall ensure a standard of living adequate for the minor’s physical, mental, spiritual, moral and social development. Art. 21: Member States shall take into account the specific situation of vulnerable persons such as minors, unaccompanied minors [...] in the national law implementing this Directive. Art. 22: 1. In order to effectively implement Article 21, Member States shall assess whether the applicant is an applicant with special reception needs. Member States shall also indicate the nature of such needs.That assessment shall be initiated within a reasonable period of time after an application for international protection is made and may be integrated into existing national procedures. [...]2. The assessment referred to in paragraph 1 need not take the form of an administrative procedure. [...] Art. 6: 1. Member States shall ensure that, within three days of the lodging of an application for international protection, the applicant is provided with a document issued in his or her own name certifying his or her status as an applicant or testifying that he or she is allowed to stay on the territory of the Member State while his or her application is pending or being examined.
Recast Asylum Procedures Directive (Directive 2013/32/EU) Preamble (33): […] In assessing the best interest of the child, Member States should in particular take due account of the minor’s well-being and social development, including his or her background. Preamble (29): Certain applicants may be in need of special procedural guarantees due, inter alia, to their age, [...]. Member States should endeavour to identify applicants in need of special procedural guarantees before a first instance decision is taken. Art. 25: 5. Member States may use medical examinations to determine the age of unaccompanied minors within the framework of the examination of an application for international protection where, following general statements or other relevant indications, Member States have doubts concerning the applicant’s age. If, thereafter, Member States are still in doubt concerning the applicant’s age, they shall assume that the applicant is a minor.
Recast Qualification Directive (Directive 2011/95/EU) Preamble (18): […] In assessing the best interests of the child, Member States should in particular take due account of the principle of family unity, the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or her age and maturity. Preamble (45): Especially to avoid social hardship, it is appropriate to provide beneficiaries of international protection with adequate social welfare and means of subsistence, without discrimination in the context of social assistance. Art. 25: 1. Member States shall issue to beneficiaries of refugee status travel documents, in the form set out in the Schedule to the Geneva Convention, for the purpose of travel outside their territory unless compelling reasons of national security or public order otherwise require.2. Member States shall issue to beneficiaries of subsidiary protection status who are unable to obtain a national passport, documents which enable them to travel outside their territory, unless compelling reasons of national security or public order otherwise require.”
Recast Dublin Regulation (Regulation 604/2013) Preamble (13): […] In assessing the best interests of the child, Member States should, in particular, take due account of the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or her age and maturity, including his or her background. [...]
Recast Eurodac Regulation (Regulation 603/2013)
Anti-Trafficking Directive (Directive 2011/36/EU) Art. 11: 5. The assistance and support measures [...] shall include at least standards of living capable of ensuring victims’ subsistence through measures such as the provision of appropriate and safe accommodation and material assistance, as well as necessary medical treatment including psychological assistance, counselling and information, and translation and interpretation services where appropriate. Preamble (23): Particular attention should be paid to unaccompanied child victims of trafficking in human beings, as they need specific assistance and support due to their situation of particular vulnerability. From the moment an unaccompanied child victim of trafficking in human beings is identified and until a durable solution is found, Member States should apply reception measures appropriate to the needs of the child and should ensure that relevant procedural safeguards apply.
Directive on Residence permits for victims of human trafficking (Directive 2004/81/EC)” Art. 10: (c) In the case of third-country nationals who are unaccompanied minors, Member States shall take the necessary steps to establish their identity, nationality and the fact that they are unaccompanied. […]
Family Reunification Directive (Directive 2003/86/EC) Art. 5: 2. The application shall be accompanied by documentary evidence of the family relationship and of compliance with the conditions laid down in Articles 4 and 6 and, where applicable, Articles 7 and 8, as well as certified copies of family member(s)' travel documents.
Return Directive (Directive 2008/115/EC)
IV. Family environment and alternative care
Restoring Family links Periodic review of placement and treatment Rehabilitation and reintegration of victims of violence
Schengen Borders Code (Regulation 562/2006)
Recast Reception Conditions Directive (Directive 2013/33/EU) Art. 24: 3. Member States shall start tracing the members of the unaccompanied minor’s family, where necessary with the assistance of international or other relevant organisations, as soon as possible after an application for international protection is made, whilst protecting his or her best interests. [...] Art 23: 4. Member States shall ensure access to rehabilitation services for minors who have been victims of any form of abuse, neglect, exploitation, torture or cruel, inhuman and degrading treatment, or who have suffered from armed conflicts, and ensure that appropriate mental health care is developed and qualified counselling is provided when needed.
Recast Asylum Procedures Directive (Directive 2013/32/EU)
Recast Qualification Directive (Directive 2011/95/EU) Art. 31: 5. If an unaccompanied minor is granted international protection and the tracing of his or her family members has not already started, Member States shall start tracing them as soon as possible after the granting of international protection, whilst protecting the minor’s best interests. If the tracing has already started, Member States shall continue the tracing process where appropriate. [..] Art. 30: 2. Member States shall provide, under the same eligibility conditions as nationals of the Member State that has granted protection, adequate healthcare, including treatment of mental disorders when needed, to beneficiaries of international protection who have special needs, such as pregnant women, disabled people, persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence or minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict.
Recast Dublin Regulation (Regulation 604/2013) Art. 6: 4. For the purpose of applying Article 8, the Member State where the unaccompanied minor lodged an application for international protection shall, as soon as possible, take appropriate action to identify the family members, siblings or relatives of the unaccompanied minor on the territory of Member States, whilst protecting the best interests of the child. To that end, that Member State may call for the assistance of international or other relevant organisations, [...]. Art. 1(7) Implementing Regulation 118/2004: 4. Where in the application of the obligations resulting from Article 8 of Regulation (EU) No 604/2013, the Member State carrying out the process of establishing the Member State responsible for examining the application of an unaccompanied minor is in possession of information that makes it possible to start identifying and/or locating a member of the family, sibling or relative, that Member State shall consult other Member States, as appropriate, and exchange information,[...]
Art. 8: 1. Where the applicant is an unaccompanied minor, the Member State responsible shall be that where a family member or a sibling of the unaccompanied minor is legally present, provided that it is in the best interests of the minor. Where the applicant is a married minor whose spouse is not legally present on the territory of the Member States, the Member State responsible shall be the Member State where the father, mother or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present. 2. Where the applicant is an unaccompanied minor who has a relative who is legally present in another Member State and where it is established, based on an individual examination, that the relative can take care of him or her, that Member State shall unite the minor with his or her relative and shall be the Member State responsible, provided that it is in the best interests of the minor.
Annex II LIST A(I)1, LIST B(I)1 Implementing Regulation 118/2004 are also relevant.
Recast Eurodac Regulation (Regulation 603/2013)
Anti-Trafficking Directive (Directive 2011/36/EU) Preamble (18): [...] Member States should provide for resources to support victim assistance, support and protection. The assistance and support provided should include at least a minimum set of measures that are necessary to enable the victim to recover and escape from their traffickers. [...] Preamble (22): Member States should ensure that specific assistance, support and protective measures are available to child victims. [...] Assistance and support measures for child victims should focus on their physical and psycho-social recovery and on a durable solution for the person in question. [...]”
Directive on Residence permits for victims of human trafficking (Directive 2004/81/EC)” Art. 10: (c) In the case of third-country nationals who are unaccompanied minors, Member States [...] shall make every effort to locate their families as quickly as possible […]. Art 6: 1. Member States shall ensure that the third-country nationals concerned are granted a reflection period allowing them to recover and escape the influence of the perpetrators of the offences so that they can take an informed decision as to whether to cooperate with the competent authorities. Art. 7: 1. Member States shall [...] attend to the special needs of the most vulnerable, including, where appropriate and if provided by national law, psychological assistance. Art. 9: 2. Member States shall provide necessary medical or other assistance to the third-country nationals concerned, who do not have sufficient resources and have special needs, such as [...] minors.”
Family Reunification Directive (Directive 2003/86/EC) Preamble (9): Family reunification should apply in any case to members of the nuclear family, that is to say the spouse and the minor children. Art. 10: 3. If the refugee is an unaccompanied minor, the Member States: (a) shall authorise the entry and residence for the purposes of family reunification of his/her first-degree relatives in the direct ascending line without applying the conditions laid down in Article 4(2)(a); (b) may authorise the entry and residence for the purposes of family reunification of his/her legal guardian or any other member of the family, where the refugee has no relatives in the direct ascending line or such relatives cannot be traced.
Preamble (12) and Art. 4 are also relevant.
Return Directive (Directive 2008/115/EC) Art. 5: When implementing this Directive, Member States shall take due account of: (a) the best interests of the child; (b) family life; […] Art. 10: 2. Before removing an unaccompanied minor from the territory of a Member State, the authorities of that Member State shall be satisfied that he or she will be returned to a member of his or her family, a nominated guardian or adequate reception facilities in the State of return.
IV. Family environment and alternative care
Assistance to victims of trafficking/violence Reception staff specific training
Schengen Borders Code (Regulation 562/2006)
Recast Reception Conditions Directive (Directive 2013/33/EU) Art. 23: 4. Member States shall ensure access to rehabilitation services for minors who have been victims of any form of abuse, neglect, exploitation, torture or cruel, inhuman and degrading treatment, or who have suffered from armed conflicts, and ensure that appropriate mental health care is developed and qualified counselling is provided when needed. Art. 25: 1. Member States shall ensure that persons who have been subjected to torture, rape or other serious acts of violence receive the necessary treatment for the damage caused by such acts, in particular access to appropriate medical and psychological treatment or care. Art. 18: 7. Persons working in accommodation centres shall be adequately trained [...]. Art. 24: 4. Those working with unaccompanied minors shall have had and shall continue to receive appropriate training concerning their needs, and shall be bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work. Art. 25: 2. Those working with victims of torture, rape or other serious acts of violence shall have had and shall continue to receive appropriate training concerning their needs [...].
Recast Asylum Procedures Directive (Directive 2013/32/EU)
Recast Qualification Directive (Directive 2011/95/EU) Art. 30: 2. Member States shall provide, [...] adequate healthcare, including treatment of mental disorders when needed, to beneficiaries of international protection who have special needs, such as pregnant women, disabled people, persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence or minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict. Art. 31: 6. Those working with unaccompanied minors shall have had and continue to receive appropriate training concerning their needs.
Recast Dublin Regulation (Regulation 604/2013)
Recast Eurodac Regulation (Regulation 603/2013)
Anti-Trafficking Directive (Directive 2011/36/EU) Art. 13: 1. Child victims of trafficking in human beings shall be provided with assistance, support and protection. [...] Art. 14: 1. Member States shall take the necessary measures to ensure that the specific actions to assist and support child victims of trafficking in human beings, in the short and long term, in their physical and psycho-social recovery, are undertaken following an individual assessment [...], taking due account of the child’s views, needs and concerns with a view to finding a durable solution for the child. [...] Art. 17: Member States shall ensure that victims of trafficking in human beings have access to existing schemes of compensation [...]. Preamble (25): Member States should adopt a gender perspective and a child-rights approach. Officials likely to come into contact with victims or potential victims of trafficking in human beings should be adequately trained to identify and deal with such victims. [...]
Directive on Residence permits for victims of human trafficking (Directive 2004/81/EC)” Art 6: 1. Member States shall ensure that the third-country nationals concerned are granted a reflection period allowing them to recover and escape the influence of the perpetrators of the offences so that they can take an informed decision as to whether to cooperate with the competent authorities. Art. 7: 1. Member States shall [...] attend to the special needs of the most vulnerable, including, where appropriate and if provided by national law, psychological assistance. Art. 9: 2. Member States shall provide necessary medical or other assistance to the third-country nationals concerned, who do not have sufficient resources and have special needs, such as [...] minors.
Family Reunification Directive (Directive 2003/86/EC)
Return Directive (Directive 2008/115/EC)
V. Basic health and welfare
Access to health services Accommodation Rights of disabled children
Recast Reception Conditions Directive (Directive 2013/33/EU) Art. 19: 1. Member States shall ensure that applicants receive the necessary health care which shall include, at least, emergency care and essential treatment of illnesses and of serious mental disorders. 2. Member States shall provide necessary medical or other assistance to applicants who have special reception needs, including appropriate mental health care where needed. Art. 21: Member States shall take into account the specific situation of vulnerable persons such as minors, unaccompanied minors, disabled people, [...] in the national law implementing this Directive.Art. 22 is also relevant. Art. 24: 2. Unaccompanied minors who make an application for international protection shall, [...] be placed: (a) with adult relatives; (b) with a foster family; (c) in accommodation centres with special provisions for minors; (d) in other accommodation suitable for minors. Member States may place unaccompanied minors aged 16 or over in accommodation centres for adult applicants, if it is in their best interests, as prescribed in Article 23(2). Art. 21: Member States shall take into account the specific situation of vulnerable persons such as minors, unaccompanied minors, disabled people, [...] in the national law implementing this Directive. Art. 22: 1. In order to effectively implement Article 21, Member States shall assess whether the applicant is an applicant with special reception needs. Member States shall also indicate the nature of such needs. [...]
Recast Asylum Procedures Directive (Directive 2013/32/EU) Preamble (29): Certain applicants may be in need of special procedural guarantees due, inter alia, to their age, gender, sexual orientation, gender identity, disability, serious illness, mental disorders or as a consequence of torture, rape or other serious forms of psychological, physical or sexual violence. Member States should endeavour to identify applicants in need of special procedural guarantees before a first instance decision is taken. Those applicants should be provided with adequate support [...].
Recast Qualification Directive (Directive 2011/95/EU) Preamble (40): [...] Member States may lay down that the granting of benefits with regard to access to employment, social welfare, healthcare and access to integration facilities requires the prior issue of a residence permit. Preamble (46): Access to healthcare, including both physical and mental healthcare, should be ensured to beneficiaries of international protection. Art. 30: 1. Member States shall ensure that beneficiaries of international protection have access to healthcare under the same eligibility conditions as nationals of the Member State that has granted such protection. [...] Art. 31: 3. Member States shall ensure that unaccompanied minors are placed either: (a) with adult relatives; (b) with a foster family; (c) in centres specialised in accommodation for minors; or (d) in other accommodation suitable for minors. Art. 32: 1. Member States shall ensure that beneficiaries of international protection have access to accommodation under equivalent conditions as other third-country nationals legally resident in their territories. Art. 20: 3. When implementing this Chapter, Member States shall take into account the specific situation of vulnerable persons such as minors, unaccompanied minors, disabled people […].
Art. 30: 2. Member States shall provide, under the same eligibility conditions as nationals of the Member State that has granted protection, adequate healthcare, including treatment of mental disorders when needed, to beneficiaries of international protection who have special needs, such as pregnant women, disabled people, [...].
Recast Dublin Regulation (Regulation 604/2013) Art. 31: 2. The transferring Member State shall [...] transmit to the Member State responsible any information that is essential in order to safeguard the rights and immediate special needs of the person to be transferred, and in particular: (a) any immediate measures which the Member State responsible is required to take in order to ensure that the special needs of the person to be transferred are adequately addressed, including any immediate health care that may be required; Art. 32: 1. For the sole purpose of the provision of medical care or treatment, in particular concerning disabled persons, [...], the transferring Member State shall, in so far as it is available to the competent authority in accordance with national law, transmit to the Member State responsible information on any special needs of the person to be transferred, which in specific cases may include information on that person’s physical or mental health.
Anti-Trafficking Directive (Directive 2011/36/EU) Art. 11: 5. The assistance and support measures referred to in paragraphs 1 and 2 shall be provided on a consensual and informed basis, and shall include [...] necessary medical treatment including psychological assistance, counselling and information, and translation and interpretation services where appropriate. Art. 11: 5. The assistance and support measures referred to in paragraphs 1 and 2 shall be provided on a consensual and informed basis, and shall include [...] necessary medical treatment including psychological assistance, counselling and information, and translation and interpretation services where appropriate. Art. 11: 7. Member States shall attend to victims with special needs, where those needs derive, in particular, from whether they are pregnant, their health, a disability, a mental or psychological disorder they have, or a serious form of psychological, physical or sexual violence they have suffered.
Directive on Residence permits for victims of human trafficking (Directive 2004/81/EC)” Art. 7: 1. Member States shall ensure that the third-country nationals concerned who do not have sufficient resources are granted standards of living capable of ensuring their subsistence and access to emergency medical treatment. [...] Art. 9: 1. Member States shall ensure that holders of a residence permit who do not have sufficient resources are granted at least the same treatment provided for in Article 7. 2. Member States shall provide necessary medical or other assistance to the third-country nationals concerned, who do not have sufficient resources and have special needs, such as [...] minors. Art. 7: 1. Member States shall ensure that the third-country nationals concerned who do not have sufficient resources are granted standards of living capable of ensuring their subsistence and access to emergency medical treatment. [...] Art. 9: 1. Member States shall ensure that holders of a residence permit who do not have sufficient resources are granted at least the same treatment provided for in Article 7. 2. Member States shall provide necessary medical or other assistance to the third-country nationals concerned, who do not have sufficient resources and have special needs, such as [...] minors.
Return Directive (Directive 2008/115/EC) Art. 14: 1. Member States shall, with the exception of the situation covered in Articles 16 and 17, ensure that the following principles are taken into account as far as possible in relation to third-country nationals during the period for voluntary departure granted in accordance with Article 7 and during periods for which removal has been postponed in accordance with Article 9: [...] (b) emergency health care and essential treatment of illness are provided; Art. 14: 1. Member States shall [...} ensure that the following principles are taken into account as far as possible in relation to third-country nationals during the period for voluntary departure granted in accordance with Article 7 and during periods for which removal has been postponed in accordance with Article 9: [...] (d) special needs of vulnerable persons are taken into account.
V. Basic health and welfare VI. Education, leisure and cultural activities
Right to social security Right to adequate standard of living/material support Right to social security Right to adequate standard of living/material support
Schengen Borders Code (Regulation 562/2006)
Recast Reception Conditions Directive (Directive 2013/33/EU) Art 17: [...] 2. Member States shall ensure that material reception conditions provide an adequate standard of living for applicants, which guarantees their subsistence and protects their physical and mental health. Member States shall ensure that that standard of living is met in the specific situation of vulnerable persons, in accordance with Article 21, as well as in relation to the situation of persons who are in detention. [...] Art. 23: 1.[...] Member States shall ensure a standard of living adequate for the minor’s physical, mental, spiritual, moral and social development. Art. 14: 1. Member States shall grant to minor children [...] access to the education system under similar conditions as their own nationals [...]. Such education may be provided in accommodation centres. [...] Member States shall not withdraw secondary education for the sole reason that the minor has reached the age of majority. 2. Access to the education system shall not be postponed for more than three months from the date on which the application for international protection was lodged by or on behalf of the minor. [...] Art. 11: 2. […] Where minors are detained, they shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age.
Art. 23: 3. Member States shall ensure that minors have access to leisure activities, including play and recreational activities appropriate to their age within the premises and accommodation centres referred to in Article 18(1)(a) and (b) and to open-air activities.
Recast Qualification Directive (Directive 2011/95/EU) Preamble (45): Especially to avoid social hardship, it is appropriate to provide beneficiaries of international protection with adequate social welfare and means of subsistence, without discrimination in the context of social assistance. Preamble (45): Especially to avoid social hardship, it is appropriate to provide beneficiaries of international protection with adequate social welfare and means of subsistence, without discrimination in the context of social assistance. […] Art. 27: 1. Member States shall grant full access to the education system to all minors granted international protection, under the same conditions as nationals.
Art. 29: 1. Member States shall ensure that beneficiaries of international protection receive, in the Member State that has granted such protection, the necessary social assistance as provided to nationals of that Member State. [...]
Anti-Trafficking Directive (Directive 2011/36/EU) Art. 11: 5: The assistance and support measures referred to in paragraphs 1 and 2 shall be provided on a consensual and informed basis, and shall include at least standards of living capable of ensuring victims’ subsistence through measures such as the provision of appropriate and safe accommodation and material assistance [...]. Art. 14: 1. […] Within a reasonable time, Member States shall provide access to education for child victims and the children of victims who are given assistance and support in accordance with Article 11, in accordance with their national law.
Directive on Residence permits for victims of human trafficking (Directive 2004/81/EC)” Art. 7: 1. Member States shall ensure that the third-country nationals concerned who do not have sufficient resources are granted standards of living capable of ensuring their subsistence [...]. Art. 10 Directive: (b) Member States shall ensure that minors have access to the educational system under the same conditions as nationals. Member States may stipulate that such access must be limited to the public education system.
Art. 9: 1. Member States shall ensure that holders of a residence permit who do not have sufficient resources are granted at least the same treatment provided for in Article 7. 2. Member States shall provide necessary medical or other assistance to the third-country nationals concerned, who do not have sufficient resources and have special needs, such as [...] minors.
Return Directive (Directive 2008/115/EC) Art. 10: 2. Before removing an unaccompanied minor from the territory of a Member State, the authorities of that Member State shall be satisfied that he or she will be returned to a member of his or her family, a nominated guardian or adequate reception facilities in the State of return. Art. 14: 1. Member States shall [...] ensure that the following principles are taken into account as far as possible in relation to third-country nationals during the period for voluntary departure granted in accordance with Article 7 and during periods for which removal has been postponed in accordance with Article 9: [...] (c) minors are granted access to the basic education system subject to the length of their stay; Art. 17: 3. Minors in detention shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age […].
Art. 17: 3. Minors in detention [...] shall have, depending on the length of their stay, access to education.
VII. Special protection measures
Guardianship/ Representation
Appointment Qualifications/ Training Mandate and role Conflic of interest/ Independency Accountability/ Review
Recast Reception Conditions Directive (Directive 2013/33/EU) Art. 24: 1. Member States shall as soon as possible take measures to ensure that a representative represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. The unaccompanied minor shall be informed immediately of the appointment of the representative. [...] In order to ensure the minor’s well-being and social development referred to in Article 23(2)(b), the person acting as representative shall be changed only when necessary. Art. 24: 1. […] The representative shall perform his or her duties in accordance with the principle of the best interests of the child, as prescribed in Article 23(2), and shall have the necessary expertise to that end. Art. 24: 1. Member States shall as soon as possible take measures to ensure that a representative represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. [...] Art. 24: 1. […] Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be eligible to become representatives. Art. 24: 1. […] Regular assessments shall be made by the appropriate authorities, including as regards the availability of the necessary means for representing the unaccompanied minor.
Recast Asylum Procedures Directive (Directive 2013/32/EU) Art. 25: 1. [...] Member States shall: (a) take measures as soon as possible to ensure that a representative represents and assists the unaccompanied minor [...]. The unaccompanied minor shall be informed immediately of the appointment of a representative.[...] The person acting as representative shall be changed only when necessary. [...] The representative may also be the representative referred to in Directive 2013/33/EU; [...] 2. Member States may refrain from appointing a representative where the unaccompanied minor will in all likelihood reach the age of 18 before a decision at first instance is taken. Art. 25: 1. […] The representative shall perform his or her duties in accordance with the principle of the best interests of the child and shall have the necessary expertise to that end. Art. 25: 1. [...] Member States shall:(a) take measures as soon as possible to ensure that a representative represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. Art. 25: 1. […] Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be eligible to become representatives.
Recast Qualification Directive (Directive 2011/95/EU) Art. 31: 1. As soon as possible after the granting of international protection Member States shall take the necessary measures to ensure the representation of unaccompanied minors by a legal guardian or, where necessary, by an organisation responsible for the care and well-being of minors, or by any other appropriate representation including that based on legislation or court order. Art. 31: 2. Member States shall ensure that the minor’s needs are duly met in the implementation of this Directive by the appointed guardian or representative. The appropriate authorities shall make regular assessments.
Recast Dublin Regulation (Regulation 604/2013) Art. 6: 2. […] The representative shall have the qualifications and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. […] Art. 6: 2. Member States shall ensure that a representative represents and/or assists an unaccompanied minor with respect to all procedures provided for in this Regulation. […] Such representative shall have access to the content of the relevant documents in the applicant’s file including the specific leaflet for unaccompanied minors. Art. 1(7) Implementing Regulation 118/2004: The authorities carrying out the process of establishing the Member State responsible for examining the application of an unaccompanied minor shall involve the representative referred to in Article 6(2) of Regulation (EU) No 604/2013 in this process to the greatest extent possible.
Anti-Trafficking Directive (Directive 2011/36/EU) Preamble (23): The necessary measures should be taken to ensure that, where appropriate, a guardian and/or a representative are appointed in order to safeguard the minor’s best interests. Preamble (24): When, in accordance with this Directive, a guardian and/or a representative are to be appointed for a child, those roles may be performed by the same person or by a legal person, an institution or an authority. Art. 16: 3. Member States shall take the necessary measures to ensure that, where appropriate, a guardian is appointed to unaccompanied child victims of trafficking in human beings.
Directive on Residence permits for victims of human trafficking (Directive 2004/81/EC)” Art. 10: (c) In the case of third-country nationals who are unaccompanied minors, Member States shall [...] take the necessary steps immediately to ensure legal representation, including representation in criminal proceedings, in accordance with national law.
Return Directive (Directive 2008/115/EC) Art. 10: 1. Before deciding to issue a return decision in respect of an unaccompanied minor, assistance by appropriate bodies other than the authorities enforcing return shall be granted with due consideration being given to the best interests of the child.
VII. Special protection measures
Legal information, assistance and representation Access to protection procedures Durable solutions
Recast Reception Conditions Directive (Directive 2013/33/EU) Art. 9: 6. In cases of a judicial review of the detention order provided for in paragraph 3, Member States shall ensure that applicants have access to free legal assistance and representation. […] Art. 26: 2. In cases of an appeal or a review before a judicial authority referred to in paragraph 1, Member States shall ensure that free legal assistance and representation is made available on request in so far as such aid is necessary to ensure effective access to justice. [...]
Recast Asylum Procedures Directive (Directive 2013/32/EU) Art. 19: 1. In the procedures at first instance provided for in Chapter III, Member States shall ensure that, on request, applicants are provided with legal and procedural information free of charge [...]. Art. 25: 4. Unaccompanied minors and their representatives shall be provided, free of charge, with legal and procedural information as referred to in Article 19 also in the procedures for the withdrawal of international protection provided for in Chapter IV. Art. 7: 3. Member States shall ensure that a minor has the right to make an application for international protection either on his or her own behalf, if he or she has the legal capacity to act in procedures according to the law of the Member State concerned, or through his or her parents or other adult family members, or an adult responsible for him or her, whether by law or by the practice of the Member State concerned, or through a representative. 4. Member States shall ensure that the appropriate bodies referred to in Article 10 of Directive 2008/115/EC [...] have the right to lodge an application for international protection on behalf of an unaccompanied minor [...].
Art. 20: 1. Member States shall ensure that free legal assistance and representation is granted on request in the appeals procedures provided for in Chapter V. [...]
Recast Qualification Directive (Directive 2011/95/EU) Art. 34: In order to facilitate the integration of beneficiaries of international protection into society, Member States shall ensure access to integration programmes which they consider to be appropriate so as to take into account the specific needs of beneficiaries of refugee status or of subsidiary protection status, or create pre-conditions which guarantee access to such programmes. Art. 35: Repatriation Member States may provide assistance to beneficiaries of international protection who wish to be repatriated. Arts 31.3 and 32 are also relevant
Recast Dublin Regulation (Regulation 604/2013) Art. 26: 2. The [transfer decision] shall contain information on the legal remedies available [...].Member States shall ensure that information on persons or entities that may provide legal assistance to the person concerned is communicated to the person concerned [...]. Art. 27: 5. Member States shall ensure that the person concerned has access to legal assistance [...]. 6. Member States shall ensure that legal assistance is granted on request free of charge where the person concerned cannot afford the costs involved. [...] Member States may provide that free legal assistance and representation not be granted where the appeal or review is considered [...] to have no tangible prospect of success. Art. 3: 1. Member States shall examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border or in the transit zones. The application shall be examined by a single Member State, which shall be the one which the criteria set out in Chapter III indicate is responsible. Art. 6: 1. The best interests of the child shall be a primary consideration for Member States with respect to all procedures provided for in this Regulation. 2. Member States shall ensure that a representative represents and/or assists an unaccompanied minor with respect to all procedures provided for in this Regulation. [...] Such representative shall have access to the content of the relevant documents in the applicant’s file including the specific leaflet for unaccompanied minors. [...]
Anti-Trafficking Directive (Directive 2011/36/EU) Art. 15: 2. Member States shall, in accordance with the role of victims in the relevant justice system, ensure that child victims have access without delay to free legal counselling and to free legal representation, including for the purpose of claiming compensation, unless they have sufficient financial resources. Art. 11: 5. The assistance and support measures referred to in paragraphs 1 and 2 shall be provided on a consensual and informed basis [...]. 6. The information referred to in paragraph 5 shall cover, where relevant, [...] information on the possibility of granting international protection pursuant to Council Directive 2004/83/EC [...] and Council Directive 2005/85/EC [...]. Art. 12: 3. Member States shall ensure that victims of trafficking in human beings receive appropriate protection on the basis of an individual risk assessment, inter alia, by having access to witness protection programmes or other similar measures [...]. Preamble (23): A decision on the future of each unaccompanied child victim should be taken within the shortest possible period of time with a view to finding durable solutions based on an individual assessment of the best interests of the child, which should be a primary consideration. A durable solution could be return and reintegration into the country of origin or the country of return, integration into the host society, granting of international protection status or granting of other status in accordance with national law of the Member States. Art. 16: 2. Member States shall take the necessary measures with a view to finding a durable solution based on an individual assessment of the best interests of the child. Art. 14 is also relevant
Directive on Residence permits for victims of human trafficking (Directive 2004/81/EC)” Art. 10: (c) In the case of third-country nationals who are unaccompanied minors, Member States shall [...] take the necessary steps immediately to ensure legal representation, including representation in criminal proceedings, in accordance with national law. Art. 7: 4. Member States may provide the third-country nationals concerned with free legal aid, if established and under the conditions set by national law.
Return Directive (Directive 2008/115/EC) Art. 13: 3. The third-country national concerned shall have the possibility to obtain legal advice, representation and, where necessary, linguistic assistance. 4. Member States shall ensure that the necessary legal assistance and/or representation is granted on request free of charge in accordance with relevant national legislation or rules regarding legal aid, and may provide that such free legal assistance and/or representation is subject to conditions as set out in Article 15(3) to (6) of Directive 2005/85/EC.
VII. Special protection measures
Authorities specific training Child sensitive procedural measures Appeal (against negative decisions)
Schengen Borders Code (Regulation 562/2006) Art. 15: 1. […] Member States shall ensure that the border guards are specialised and properly trained professionals, taking into account common core curricula for border guards established and developed by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States established by Council Regulation (EC) No 2007/2004. Training curricula shall include specialised training for detecting and dealing with situations involving vulnerable persons, such as unaccompanied minors and victims of trafficking. ANNEX VII: 6. Minors: 6.1. Border guards shall pay particular attention to minors, whether travelling accompanied or unaccompanied. Minors crossing an external border shall be subject to the same checks on entry and exit as adults, as provided for in this Regulation. [...]
Recast Reception Conditions Directive (Directive 2013/33/EU) Art. 26: 1. Member States shall ensure that decisions relating to the granting, withdrawal or reduction of benefits under this Directive or decisions taken under Article 7 which affect applicants individually may be the subject of an appeal within the procedures laid down in national law. At least in the last instance the possibility of an appeal or a review, in fact and in law, before a judicial authority shall be granted. [...]
Recast Asylum Procedures Directive (Directive 2013/32/EU) Art. 25: 3. Member States shall ensure that: (a) if an unaccompanied minor has a personal interview on his or her application for international protection as referred to in Articles 14 to 17 and 34, that interview is conducted by a person who has the necessary knowledge of the special needs of minors; (b) an official with the necessary knowledge of the special needs of minors prepares the decision by the determining authority on the application of an unaccompanied minor. Art. 12: 1. With respect to the procedures provided for in Chapter III, Member States shall ensure that all applicants enjoy the following guarantees: […] (f) they shall be informed of the result of the decision by the determining authority in a language that they understand or are reasonably supposed to understand when they are not assisted or represented by a legal adviser or other counsellor. The information provided shall include information on how to challenge a negative decision [...].
Recast Qualification Directive (Directive 2011/95/EU)
Recast Dublin Regulation (Regulation 604/2013) Art. 6: 4. […]The staff of the competent authorities referred to in Article 35 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors. Art. 8: 1. Where the applicant is an unaccompanied minor, the Member State responsible shall be that where a family member or a sibling of the unaccompanied minor is legally present, provided that it is in the best interests of the minor. […] 2. Where the applicant is an unaccompanied minor who has a relative who is legally present in another Member State and where it is established, based on an individual examination, that the relative can take care of him or her, that Member State shall unite the minor with his or her relative and shall be the Member State responsible, provided that it is in the best interests of the minor. […] 4. In the absence of a family member, a sibling or a relative as referred to in paragraphs 1 and 2, the Member State responsible shall be that where the unaccompanied minor has lodged his or her application for international protection, provided that it is in the best interests of the minor. Art. 27 (against transfer decision): 1. The applicant or another person as referred to in Article 18(1)(c) or (d) shall have the right to an effective remedy, in the form of an appeal or a review, in fact and in law, against a transfer decision, before a court or tribunal.
Anti-Trafficking Directive (Directive 2011/36/EU) Preamble (25): Member States should adopt a gender perspective and a child-rights approach. Officials likely to come into contact with victims or potential victims of trafficking in human beings should be adequately trained to identify and deal with such victims. Art. 15: 3. Without prejudice to the rights of the defence, Member States shall take the necessary measures to ensure that in criminal investigations and proceedings [...]; (c) interviews with the child victim are carried out, where necessary, by or through professionals trained for that purpose; Art. 12: 3. Member States shall ensure that victims of trafficking in human beings receive appropriate protection on the basis of an individual risk assessment, inter alia, by having access to witness protection programmes or other similar measures [...]. Art. 15: 3. Without prejudice to the rights of the defence, Member States shall take the necessary measures to ensure that in criminal investigations and proceedings [...]; (c) interviews with the child victim are carried out, where necessary, by or through professionals trained for that purpose; [...] (f) the child victim may be accompanied by a representative or, where appropriate, an adult of the child’s choice [...]. Art. 8 is also relevant
Directive on Residence permits for victims of human trafficking (Directive 2004/81/EC)” Art. 10: If Member States have recourse to the option provided for in Article 3(3), the following provisions shall apply: (a) Member States shall take due account of the best interests of the child when applying this Directive. They shall ensure that the procedure is appropriate to the age and maturity of the child. In particular, if they consider that it is in the best interest of the child, they may extend the reflection period.
Family Reunification Directive (Directive 2003/86/EC) Art. 5: 5. When examining an application, the Member States shall have due regard to the best interests of minor children. Art. 18: The Member States shall ensure that the sponsor and/or the members of his/her family have the right to mount a legal challenge where an application for family reunification is rejected or a residence permit is either not renewed or is withdrawn or removal is ordered. The procedure and the competence according to which the right referred to in the first subparagraph is exercised shall be established by the Member States concerned.
Return Directive (Directive 2008/115/EC) Art. 13: 1. The third-country national concerned shall be afforded an effective remedy to appeal against or seek review of decisions related to return, as referred to in Article 12(1), before a competent judicial or administrative authority or a competent body composed of members who are impartial and who enjoy safeguards of independence.
VII. Special protection measures
Safeguards on detention Data protection
Guarantees Review of treatment Facilities
Recast Reception Conditions Directive (Directive 2013/33/EU) Art. 11: 2. Minors shall be detained only as a measure of last resort and after it having been established that other less coercive alternative measures cannot be applied effectively. Such detention shall be for the shortest period of time and all efforts shall be made to release the detained minors and place them in accommodation suitable for minors. The minor’s best interests, [...] shall be a primary consideration for Member States. Where minors are detained, they shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age. [...] Art. 9: 5. Detention shall be reviewed by a judicial authority at reasonable intervals of time, ex officio and/or at the request of the applicant concerned, in particular whenever it is of a prolonged duration, relevant circumstances arise or new information becomes available which may affect the lawfulness of detention. 6. In cases of a judicial review of the detention order provided for in paragraph 3, Member States shall ensure that applicants have access to free legal assistance and representation. [...] Art. 11: 3. [...] Unaccompanied minors shall never be detained in prison accommodation. As far as possible, unaccompanied minors shall be provided with accommodation in institutions provided with personnel and facilities which take into account the needs of persons of their age. Where unaccompanied minors are detained, Member States shall ensure that they are accommodated separately from adults. Art. 18: 7. Persons working in accommodation centres shall [...] be bound by the confidentiality rules provided for in national law in relation to any information they obtain in the course of their work. Art. 24: 3. […] In cases where there may be a threat to the life or integrity of the minor or his or her close relatives, particularly if they have remained in the country of origin, care must be taken to ensure that the collection, processing and circulation of information concerning those persons is undertaken on a confidential basis, so as to avoid jeopardising their safety. 4. Those working with unaccompanied minors shall [...] be bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work. Art. 25.2 is also relevant.”
Recast Asylum Procedures Directive (Directive 2013/32/EU) Art. 8: 1. Where there are indications that third-country nationals or stateless persons held in detention facilities [...] may wish to make an application for international protection, Member States shall provide them with information on the possibility to do so. In those detention facilities and crossing points, Member States shall make arrangements for interpretation to the extent necessary to facilitate access to the asylum procedure. Art. 26: 1. [...] The grounds for and conditions of detention and the guarantees available to detained applicants shall be in accordance with Directive 2013/33/EU. Preamble (52): Directive 95/46/EC [...] on the protection of individuals with regard to the processing of personal data and on the free movement of such data governs the processing of personal data carried out in the Member States pursuant to this Directive. Art. 30: For the purposes of examining individual cases, Member States shall not: (a) disclose information regarding individual applications for international protection, or the fact that an application has been made, to the alleged actor(s) of persecution or serious harm; [...]
Art. 48: Member States shall ensure that authorities implementing this Directive are bound by the confidentiality principle as defined in national law, in relation to any information they obtain in the course of their work.
Recast Qualification Directive (Directive 2011/95/EU) Art. 31: 5. [...] In cases where there may be a threat to the life or integrity of the minor or his or her close relatives, particularly if they have remained in the country of origin, care must be taken to ensure that the collection, processing and circulation of information concerning those persons is undertaken on a confidential basis. Art. 37: Member States shall ensure that authorities and other organisations implementing this Directive have received the necessary training and shall be bound by the confidentiality principle, as defined in the national law, in relation to any information they obtain in the course of their work.
Recast Dublin Regulation (Regulation 604/2013) Art. 28: 4. As regards the detention conditions and the guarantees applicable to persons detained, in order to secure the transfer procedures to the Member State responsible, Articles 9, 10 and 11 of Directive 2013/33/EU shall apply. Art. 28: 4. As regards the detention conditions and the guarantees applicable to persons detained, in order to secure the transfer procedures to the Member State responsible, Articles 9, 10 and 11 of Directive 2013/33/EU shall apply. Art. 28: 4. As regards the detention conditions and the guarantees applicable to persons detained, in order to secure the transfer procedures to the Member State responsible, Articles 9, 10 and 11 of Directive 2013/33/EU shall apply. Preamble (26): Directive 95/46/EC [...] on the protection of individuals with regard to the processing of personal data and on the free movement of such data applies to the processing of personal data by the Member States under this Regulation. Preamble (4) Implementing Regulation 118/2004: [...] a standard form for the exchange of relevant information on unaccompanied minors, uniform conditions for the consultation and exchange of information on minors and dependent persons, a standard form for the exchange of data before a transfer; [...] are not provided for in Regulation (EC) No 1560/2003. Consequently, new provisions should be added.
Art. 34: 1. Each Member State shall communicate to any Member State that so requests such personal data concerning the applicant as is appropriate, relevant and non-excessive [...]. 9. The applicant shall have the right to be informed, on request, of any data that is processed concerning him or her. [...] Art. 40 is also relevant.
Recast Eurodac Regulation (Regulation 603/2013) Art. 16: 1. Each set of data relating to a third-country national or stateless person as referred to in Article 14(1) shall be stored in the Central System for 18 months [...]. Upon expiry of that period, the Central System shall automatically erase such data. [...] Art. 23: [...] 4. The Agency [...] shall: (a) adopt measures ensuring that persons working with the Central System process the data recorded therein only in accordance with the purposes of Eurodac [...]; (b) take the necessary measures to ensure the security of the Central System [...].
Anti-Trafficking Directive (Directive 2011/36/EU) Preamble (33): This Directive respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and notably […] the protection of personal data […].
Directive on Residence permits for victims of human trafficking (Directive 2004/81/EC)” Art. 7: 2. Member States shall take due account of the safety and protection needs of the third-country nationals concerned when applying this Directive, in accordance with national law
Return Directive (Directive 2008/115/EC) Art. 17: 1. Unaccompanied minors and families with minors shall only be detained as a measure of last resort and for the shortest appropriate period of time. 3. Minors in detention shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age, and shall have, depending on the length of their stay, access to education. 5. The best interests of the child shall be a primary consideration in the context of the detention of minors pending removal.
VIII. General measures of implementation (GMI)
Implementation obligations Actors training and qualifications
Schengen Borders Code (Regulation 562/2006) Art. 15: 1. […] Member States shall ensure that the border guards are specialised and properly trained professionals, taking into account common core curricula for border guards established and developed by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States established by Council Regulation (EC) No 2007/2004. Training curricula shall include specialised training for detecting and dealing with situations involving vulnerable persons, such as unaccompanied minors and victims of trafficking. Art. 16: 4. Member States shall provide for training on the rules for border control and on fundamental rights. In that regard, account shall be taken of the common training standards as established and further developed by the Agency.
Recast Reception Conditions Directive (Directive 2013/33/EU) Art. 31: 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 1 to 12, 14 to 28 and 30 and Annex I by 20 July 2015 at the latest. They shall forthwith communicate to the Commission the text of those measures. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the directive repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated. [...] Art. 29: 1. Member States shall take appropriate measures to ensure that authorities and other organisations implementing this Directive have received the necessary basic training with respect to the needs of both male and female applicants.
Recast Asylum Procedures Directive (Directive 2013/32/EU) Art. 51: 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 1 to 30, Article 31(1), (2) and (6) to (9), Articles 32 to 46, Articles 49 and 50 and Annex I by 20 July 2015 at the latest. They shall forthwith communicate the text of those measures to the Commission. 2. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 31(3), (4) and (5) by 20 July 2018. They shall forthwith communicate the text of those measures to the Commission. 3. When Member States adopt the provisions referred to in paragraphs 1 and 2, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. [...] Preamble (16): It is essential that decisions on all applications for international protection be taken [...] by authorities whose personnel has the appropriate knowledge or has received the necessary training in the field of international protection. Art. 4: 3. Member States shall ensure that the personnel of the determining authority referred to in paragraph 1 are properly trained. To that end, Member States shall provide for relevant training [...]. Art. 25: 3. Member States shall ensure that: (a) if an unaccompanied minor has a personal interview [...] that interview is conducted by a person who has the necessary knowledge of the special needs of minors; (b) an official with the necessary knowledge of the special needs of minors prepares the decision by the determining authority [...].
Recast Qualification Directive (Directive 2011/95/EU) Art. 39: 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 1, 2, 4, 7, 8, 9, 10, 11, 16, 19, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34 and 35 by 21 December 2013. They shall forthwith communicate to the Commission the text of those provisions. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the directive repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated. [...] Art. 31: 6. Those working with unaccompanied minors shall have had and continue to receive appropriate training concerning their needs.
Art. 37: Member States shall ensure that authorities and other organisations implementing this Directive have received the necessary training [...].
Recast Dublin Regulation (EU Regulation 604/2013) Art. 6: 4. […]The staff of the competent authorities referred to in Article 35 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors.
Art. 35: 3. The authorities referred to in paragraph 1 shall receive the necessary training with respect to the application of this Regulation.
Anti-Trafficking Directive (Directive 2011/36/EU) Art. 22: 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 6 April 2013. 2. Member States shall transmit to the Commission the text of the provisions transposing into their national law the obligations imposed on them under this Directive. 3. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States. Preamble (25): Member States should adopt a gender perspective and a child-rights approach. Officials likely to come into contact with victims or potential victims of trafficking in human beings should be adequately trained to identify and deal with such victims. [...] Preamble (15): Law enforcement officials and prosecutors should be adequately trained, in particular with a view to enhancing international law enforcement and judicial cooperation. Art. 18: 3. Member States shall promote regular training for officials likely to come into contact with victims or potential victims of trafficking in human beings, including front-line police officers, aimed at enabling them to identify and deal with victims and potential victims of trafficking in human beings.
Directive on Residence permits for victims of human trafficking (Directive 2004/81/EC)” Art. 17: The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 6 August 2006 . They shall immediately inform the Commission accordingly. When the Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
Family Reunification Directive (Directive 2003/86/EC) Art. 20: Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by not later than 3 October 2005. They shall forthwith inform the Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.
Return Directive (Directive 2008/115/EC) Art. 20: 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 24 December 2010. In relation to Article 13(4), Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 24 December 2011. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
VIII. General measures of implementation (GMI)
Respect for existing higher standards Data collection and reporting
Recast Reception Conditions Directive (Directive 2013/33/EU) Preamble (28): Member States should have the power to introduce or maintain more favourable provisions for third-country nationals and stateless persons who ask for international protection from a Member State. Art. 4: Member States may introduce or retain more favourable provisions in the field of reception conditions for applicants and other close relatives of the applicant who are present in the same Member State when they are dependent on him or her, or for humanitarian reasons, insofar as these provisions are compatible with this Directive. Art. 30: By 20 July 2017 at the latest, the Commission shall report to the European Parliament and the Council on the application of this Directive and shall propose any amendments that are necessary. Member States shall send the Commission all the information that is appropriate for drawing up the report by 20 July 2016.
Recast Asylum Procedures Directive (Directive 2013/32/EU) Art. 5: Member States may introduce or retain more favourable standards on procedures for granting and withdrawing international protection, insofar as those standards are compatible with this Directive. “Art. 50: No later than 20 July 2017, the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States and shall propose any amendments that are necessary. Member States shall send to the Commission all the information that is appropriate for drawing up its report. After presenting the report, the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States at least every five years.[...]”
Recast Qualification Directive (Directive 2011/95/EU) Art. 3: Member States may introduce or retain more favourable standards for determining who qualifies as a refugee or as a person eligible for subsidiary protection, and for determining the content of international protection, in so far as those standards are compatible with this Directive. Art. 38: 1. By 21 June 2015, the Commission shall report to the European Parliament and the Council on the application of this Directive and shall propose any amendments that are necessary. Those proposals for amendment shall be made by way of priority in Articles 2 and 7. Member States shall send the Commission all the information that is appropriate for drawing up that report by 21 December 2014.
Recast Dublin Regulation (EU Regulation 604/2013) Art. 46: By 21 July 2016, the Commission shall report to the European Parliament and to the Council on the application of this Regulation and, where appropriate, shall propose the necessary amendments. Member States shall forward to the Commission all information appropriate for the preparation of that report, at the latest six months before that time limit expires.
Recast Eurodac Regulation (Regulation 603/2013) Art. 40: 1. The Agency shall submit to the European Parliament, the Council, the Commission and the European Data Protection Supervisor an annual report on the activities of the Central System, [...]. 5. Member States shall provide the Agency and the Commission with the information necessary to draft the annual report referred to in paragraph 1.
Anti-Trafficking Directive (Directive 2011/36/EU) Art. 19: Member States shall take the necessary measures to establish national rapporteurs or equivalent mechanisms. The tasks of such mechanisms shall include the carrying out of assessments of trends in trafficking in human beings, the measuring of results of anti-trafficking actions, including the gathering of statistics in close cooperation with relevant civil society organisations active in this field, and reporting.EN L 101/10 Official Journal of the European Union 15.4.2
Directive on Residence permits for victims of human trafficking (Directive 2004/81/EC)” Art. 4: This Directive shall not prevent Member States from adopting or maintaining more favourable provisions for the persons covered by this Directive. Art. 16: 1. No later than 6 August 2008 , the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States [...]. The Member States shall send the Commission any information relevant to the preparation of this report. 2. After presenting the report referred to in paragraph 1, the Commission shall report to the European Parliament and the Council at least every three years on the application of this Directive in the Member States.
Family Reunification Directive (Directive 2003/86/EC) Art. 3: 4. This Directive is without prejudice to more favourable provisions of: (a) bilateral and multilateral agreements between the Community or the Community and its Member States, on the one hand, and third countries, on the other; (b) the European Social Charter of 18 October 1961, the amended European Social Charter of 3 May 1987 and the European Convention on the legal status of migrant workers of 24 November 1977. 5. This Directive shall not affect the possibility for the Member States to adopt or maintain more favourable provisions. Art. 19: Periodically, and for the first time not later than 3 October 2007, the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States and shall propose such amendments as may appear necessary.
Return Directive (Directive 2008/115/EC) Art. 4: 1. This Directive shall be without prejudice to more favourable provisions of: (a) bilateral or multilateral agreements [...]; (b) bilateral or multilateral agreements between one or more Member States and one or more third countries. 2. This Directive shall be without prejudice to any provision which may be more favourable for the third-country national [...]. Art. 19: The Commission shall report every three years to the European Parliament and the Council on the application of this Directive in the Member States and, if appropriate, propose amendments. The Commission shall report for the first time by 24 December 2013 and focus on that occasion in particular on the application of Article 11, Article 13(4) and Article 15 in Member States. [...]
VIII. General measures of implementation (GMI)
Monitoring and review Complaints
Recast Reception Conditions Directive (Directive 2013/33/EU) Preamble (30): The implementation of this Directive should be evaluated at regular intervals.
Art. 28: 1. Member States shall, with due respect to their constitutional structure, put in place relevant mechanisms in order to ensure that appropriate guidance, monitoring and control of the level of reception conditions are established. [...] Art. 30: By 20 July 2017 at the latest, the Commission shall report to the European Parliament and the Council on the application of this Directive and shall propose any amendments that are necessary. Member States shall send the Commission all the information that is appropriate for drawing up the report by 20 July 2016.
Recast Asylum Procedures Directive (Directive 2013/32/EU) Preamble (55): The implementation of this Directive should be evaluated at regular intervals.Art. 50: No later than 20 July 2017, the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States and shall propose any amendments that are necessary. Member States shall send to the Commission all the information that is appropriate for drawing up its report. After presenting the report, the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States at least every five years. [...]
Recast Qualification Directive (Directive 2011/95/EU) Art. 38: 1. By 21 June 2015, the Commission shall report to the European Parliament and the Council on the application of this Directive and shall propose any amendments that are necessary. Those proposals for amendment shall be made by way of priority in Articles 2 and 7. Member States shall send the Commission all the information that is appropriate for drawing up that report by 21 December 2014. 2. After presenting the report, the Commission shall report to the European Parliament and the Council on the application of this Directive at least every 5 years.
Recast Dublin Regulation (EU Regulation 604/2013) Preamble (38): The effective monitoring of the application of this Regulation requires that it be evaluated at regular intervals.
Art. 46: By 21 July 2016, the Commission shall report to the European Parliament and to the Council on the application of this Regulation and, where appropriate, shall propose the necessary amendments. Member States shall forward to the Commission all information appropriate for the preparation of that report, at the latest six months before that time limit expires. After having submitted that report, the Commission shall report to the European Parliament and to the Council on the application of this Regulation at the same time as it submits reports on the implementation of the Eurodac system provided for by Article 40 of Regulation (EU) No 603/2013.
Recast Eurodac Regulation (Regulation 603/2013) Art. 40: [...] 4. By 20 July 2018 and every four years thereafter, the Commission shall produce an overall evaluation of Eurodac, [...]. The Commission shall transmit the evaluation to the European Parliament and the Council. [...] 8. On the basis of Member States and Europol annual reports provided for in paragraph 7 and in addition to the overall evaluation provided for in paragraph 4, the Commission shall compile an annual report on law enforcement access to Eurodac and shall transmit it to the European Parliament, the Council and the European Data Protection Supervisor. Art. 29: [...] 14. In each Member State any person may, in accordance with the laws, regulations and procedures of that State, bring an action or, if appropriate, a complaint before the competent authorities or courts of the State if he or she is refused the right of access provided for in paragraph 4. 15. Any person may, in accordance with the laws, regulations and procedures of the Member State which transmitted the data, bring an action or, if appropriate, a complaint before the competent authorities or courts of that State concerning the data relating to him or her recorded in the Central System, in order to exercise his or her rights under paragraph 5. The obligation of the national supervisory authorities to assist and, where requested, advise the data subject in accordance with paragraph 13 shall subsist throughout the proceedings.
Anti-Trafficking Directive (Directive 2011/36/EU) Art. 19: Member States shall take the necessary measures to establish national rapporteurs or equivalent mechanisms. [...]
Art. 23: 1. The Commission shall, by 6 April 2015, submit a report to the European Parliament and the Council, assessing the extent to which the Member States have taken the necessary measures in order to comply with this Directive, including a description of action taken under Article 18(4), accompanied, if necessary, by legislative proposals. 2. The Commission shall, by 6 April 2016, submit a report to the European Parliament and the Council, assessing the impact of existing national law, establishing as a criminal offence the use of services which are the objects of exploitation of trafficking in human beings, on the prevention of trafficking in human beings, accompanied, if necessary, by adequate proposals.
Directive on Residence permits for victims of human trafficking (Directive 2004/81/EC)”
Family Reunification Directive (Directive 2003/86/EC) Art. 19: Periodically, and for the first time not later than 3 October 2007, the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States and shall propose such amendments as may appear necessary. These proposals for amendments shall be made by way of priority in relation to Articles 3, 4, 7, 8 and 13.
Return Directive (Directive 2008/115/EC) Art. 19: The Commission shall report every three years to the European Parliament and the Council on the application of this Directive in the Member States and, if appropriate, propose amendments. The Commission shall report for the first time by 24 December 2013 and focus on that occasion in particular on the application of Article 11, Article 13(4) and Article 15 in Member States. [...]
Glossary
Unaccompanied minor Family Members Relative
Recast Reception Conditions Directive (Directive 2013/33/EU) Art. 2: (e) ‘unaccompanied minor’: means a minor who arrives on the territory of the Member States unaccompanied by an adult responsible for him or her whether by law or by the practice of the Member State concerned, and for as long as he or she is not effectively taken into the care of such a person; it includes a minor who is left unaccompanied after he or she has entered the territory of the Member States. Art. 2: (c) ‘family members’: means, in so far as the family already existed in the country of origin, the following members of the applicant’s family who are present in the same Member State [...]: • the spouse of the applicant or his or her unmarried partner in a stable relationship, where the law or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals; • the minor children of couples referred to in the first indent or of the applicant, on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law; • the father, mother or another adult responsible for the applicant whether by law or by the practice of the Member State concerned, when that applicant is a minor and unmarried;
Recast Asylum Procedures Directive (Directive 2013/32/EU) Art. 2: (m) ‘unaccompanied minor’ means an unaccompanied minor as defined in Article 2(l) of Directive 2011/95/EU.
Recast Qualification Directive (Directive 2011/95/EU) Art. 2: (l) ‘unaccompanied minor’ means a minor who arrives on the territory of the Member States unaccompanied by an adult responsible for him or her whether by law or by the practice of the Member State concerned, and for as long as he or she is not effectively taken into the care of such a person; it includes a minor who is left unaccompanied after he or she has entered the territory of the Member States. Art. 2: (j) ‘family members’ means, in so far as the family already existed in the country of origin, the following members of the family of the beneficiary of international protection who are present in the same Member State [...]: • the spouse of the beneficiary of international protection or his or her unmarried partner in a stable relationship, where the law or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals; • the minor children of the couples referred to in the first indent or of the beneficiary of international protection, on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law; • the father, mother or another adult responsible for the beneficiary of international protection whether by law or by the practice of the Member State concerned, when that beneficiary is a minor and unmarried;
Recast Dublin Regulation (Regulation 604/2013) Art. 2: (j) ‘unaccompanied minor’ means a minor who arrives on the territory of the Member States unaccompanied by an adult responsible for him or her, whether by law or by the practice of the Member State concerned, and for as long as he or she is not effectively taken into the care of such an adult; it includes a minor who is left unaccompanied after he or she has entered the territory of Member States. Art. 2: (k) ‘representative’ means, insofar as the family already existed in the country of origin, the following members of the applicant’s family who are present on the territory of the Member States: • the spouse of the applicant or his or her unmarried partner in a stable relationship, where the law or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals, • the minor children of couples referred to in the first indent or of the applicant, on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law, • when the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present, • when the beneficiary of international protection is a minor and unmarried, the father, mother or another adult responsible for him or her whether by law or by the practice of the Member State where the beneficiary is present. Art. 2: (h) ‘relative’ means the applicant’s adult aunt or uncle or grandparent who is present in the territory of a Member State, regardless of whether the applicant was born in or out of wedlock or adopted as defined under national law.
Recast Eurodac Regulation (Regulation 603/2013)
Anti-Trafficking Directive (Directive 2011/36/EU)
Directive on Residence permits for victims of human trafficking (Directive 2004/81/EC)” Art. 2: (f) ‘unaccompanied minors’ means third-country nationals below the age of eighteen, who arrive on the territory of the Member State unaccompanied by an adult responsible for them whether by law or custom, and for as long as they are not effectively taken into the care of such a person, or minors who are left unaccompanied after they have entered the territory of the Member State.
Family Reunification Directive (Directive 2003/86/EC) Art. 2: (f) ‘unaccompanied minor’ means third country nationals or stateless persons below the age of eighteen, who arrive on the territory of the Member States unaccompanied by an adult responsible by law or custom, and for as long as they are not effectively taken into the care of such a person, or minors who are left unaccompanied after they entered the territory of the Member States. Art. 4: 1. The Member States shall authorise the entry and residence, pursuant to this Directive [...], of the following family members: (a) the sponsor’s spouse; (b) the minor children of the sponsor and of his/her spouse, including children adopted [...]; (c) the minor children including adopted children of the sponsor where the sponsor has custody and the children are dependent on him or her. Member States may authorise the reunification of children of whom custody is shared, provided the other party sharing custody has given his or her agreement; (d) the minor children including adopted children of the spouse where the spouse has custody and the children are dependent on him or her. [...]
Return Directive (Directive 2008/115/EC)
Glossary
Guardian/ Representative Applicant with special reception needs Vulnerable persons/ Vulnerability
Recast Reception Conditions Directive (Directive 2013/33/EU) Art. 2: (j) ‘representative’: means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Directive with a view to ensuring the best interests of the child and exercising legal capacity for the minor where necessary. Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out the duties of representative in respect of the unaccompanied minor, in accordance with this Directive. Art. 2: (k) ‘applicant with special reception needs’: means a vulnerable person, in accordance with Article 21, who is in need of special guarantees in order to benefit from the rights and comply with the obligations provided for in this Directive Note: Arts 21 and 22 are also relevant for the definition of ‘applicant with special reception needs’.
Recast Asylum Procedures Directive (Directive 2013/32/EU) Art. 2: (n) ‘representative’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Directive with a view to ensuring the best interests of the child and exercising legal capacity for the minor where necessary. Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out the duties of representative in respect of the unaccompanied minor, in accordance with this Directive.
Recast Qualification Directive (Directive 2011/95/EU)
Recast Dublin Regulation (Regulation 604/2013) Art. 2: (g) ‘representative’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to ensuring the best interests of the child and exercising legal capacity for the minor where necessary. Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out its duties in respect of the minor, in accordance with this Regulation.
Recast Eurodac Regulation (Regulation 603/2013)
Anti-Trafficking Directive (Directive 2011/36/EU) Art. 2: 2. A position of vulnerability means a situation in which the person concerned has no real or acceptable alternative but to submit to the abuse involved.
Directive on Residence permits for victims of human trafficking (Directive 2004/81/EC)”
Family Reunification Directive (Directive 2003/86/EC)
Return Directive (Directive 2008/115/EC) Art. 3: 9. ‘vulnerable persons’ means minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence.”