Fri. Nov 22nd, 2024

EU January infringements: Migration, Home Affairs, and Security Union

Jan 27, 2023 , ,

Letters of formal notice

Reception conditions of asylum seekers: Commission calls BELGIUM, GREECE, SPAIN, and PORTUGAL to transpose in a fully conform manner all provisions of with the Reception Conditions Directive *

The Commission has decided to open infringement procedures by sending letters of formal notice for failing to transpose in a fully conform manner all provisions of the Directive laying down standards for the reception of applicants for international protection (Directive 2013/33/EU) to:

Ensuring the full respect of the Reception Conditions Directive is an important prerequisite for the well-functioning Common European Asylum System (CEAS) and the Commission is carefully monitoring the way in which all Member States have transposed this legislation into national law. The Commission considers that Belgium, Greece, Spain and Portugal have incorrectly transposed certain provisions of the Directive and they have now two months to respond to the arguments raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Qualification for international protection: Commission calls GREECE, PORTUGAL and FINLAND to comply with the Qualification Directive

The Commission has decided to open an infringement procedure by sending letters of formal notice to Greece (INFR(2022)2044), Portugal (INFR(2022)2149) and Finland (INFR(2022)2154) for failing to transpose in a fully conform manner all provisions of the Directive on standards for the qualification of third-country nationals and stateless persons as beneficiaries of international protection (Directive 2011/95/EU). Ensuring the full respect of the Qualification Directive is an important prerequisite for the well-functioning Common European Asylum System (CEAS). The Directive aims to ensure that Member States apply common criteria for the identification of persons in need of international protection, as well as to ensure the minimum level of benefits available for those persons in all Member States. The Commission is carefully monitoring the way in which this legislation has been transposed in all Member States. The Commission considers that Greece, Portugal and Finland have incorrectly transposed or implemented certain provisions of the Directive and they have now two months to respond to the arguments raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Terrorist content online: Commission calls BELGIUM, BULGARIA, CZECHIA, DENMARK, ESTONIA, IRELAND, GREECE, SPAIN, ITALY, CYPRUS, LATVIA, LITHUANIA, LUXEMBOURG, MALTA, NETHERLANDS, AUSTRIA, POLAND, PORTUGAL, ROMANIA, SLOVENIA, FINLAND and SWEDEN to comply with the terrorist content online Regulation

The Commission has decided to open an infringement procedure by sending letters of formal notice to several Member States for the incorrect implementation of the EU Regulation on addressing the dissemination of terrorist content online (Regulation (EU) 2021/784):

Ensuring the full implementation of the Regulation is fundamental to prevent terrorists from misusing the internet to spread their ideology, intimidate, radicalise and recruit citizens online. The Regulation provides a legal framework to ensure removal of terrorist content online within one hour after receipt of a removal order issued by a national competent authority and obliges companies to take special measures when their platforms are exposed to such content. At the same time, it puts in place strong safeguards to guarantee that freedom of expression and information are fully respected. Following the entry into application of the Regulation on 7 June 2022, not all Member States have adopted all the measures as outlined in the Regulation into their national law. The Commission therefore considers that Belgium, Bulgaria, Czechia, Denmark, Estonia, Ireland, Greece, Spain, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Finland and Sweden have failed to fully implement the obligations under the regulation and they have now two months to respond to the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion. A press release with more information is available online.

Fight against child sexual abuse: Commission calls on CZECHIA, ESTONIA, GREECE and CROATIA to comply with the child sexual abuse Directive

The Commission decided to send letters of formal notice to Czechia (INFR(2019)2228), Estonia (INFR(2019)2229), Greece (INFR(2019)2230) and Croatia (INFR(2019)2233)  to ensure that they correctly transpose all the requirements of the child sexual abuse Directive (Directive 2011/93/EU). The Directive is an essential part of the EU’s legal framework in the fight against child sexual abuse. It requires Member States to introduce minimum rules concerning the definition of criminal offences and sanctions in the area of sexual abuse and sexual exploitation of children, child pornography and solicitation of children for sexual purposes. It also introduces provisions to strengthen the prevention of those crimes and the protection of victims. Czechia, Estonia, Greece and Croatia now have two months to respond to the arguments raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Reasoned opinions

Language requirements for long-term residence status: Commission proceeds with infringement case against MALTA

The Commission is calling on Malta (INFR(2020)2123) to bring its national legislation in line with the EU long-term residency Directive (2003/109/EC). The Commission considers that the language requirements for acquiring long-term residence status in Malta are disproportionate compared to the requirements for acquiring Maltese nationality. Under current Maltese legislation, knowledge of Maltese language is mandatory for acquiring the long-term residency while for acquiring nationality, knowledge of English is sufficient. On 2 July 2020, the Commission sent a letter of formal notice to Malta to address the issue and followed with the additional letter of formal notice on 9 June 2021. Given that the reply from Malta did not address the Commission’s concerns, the Commission has decided to issue a reasoned opinion. Malta now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.

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