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the agencies, there is a second line to the CEAS
reform in the second package: replacing the
previous directives grounds for granting refugee
status (Qualification Directive) and the Asylum
Procedures Directive with new regulations. The
Commission believes this will result in fewer
friction losses and stronger harmonisation dur-
ing the implementation of existing EU rules, as
unlike directives, regulations apply directly in
the member states and do not have to be trans-
posed and implemented first into national law.
It is therefore to be expected that member
states will be keen to ensure they get as much
leeway as possible from the negotiation stage.
Although the regulations foresee some im-
provements, such as compulsory access to legal
support from the start, NGOs such as ECRE
(2016) and Amnesty International (2016) as well
as several groups in the European Parliament
have been highly critical of the fact that more
duties are imposed overall on member states
and above all on asylum seekers.
There have been fears that the current race
to the bottom among member states, which ac-
celerated since 2015, could now even result in
a reduction of human and refugee rights stand-
ards in the directives and regulations of the EU
(see for example Balleix, 2016; Pascouau, 2016).
Despite some improvements, particularly in the
area of legal assistance and the rights of vulner-
able persons and unaccompanied minors, these
fears do not seem to be unfounded in light of
the increased strictness mentioned above. On
the contrary, this is precisely the right time for
the EU to refocus on human rights as an ideo-
logical guiding force.
However, with regard to shared responsibil-
ity and solidarity, it seems to be already too late
for a reorientation. The Dublin reform proposed
by the Commission was not ambitious enough,
and turned out to be a slightly adapted new
edition of the old system. This and the other
regulations and directives still offer much scope
for a more solidarity-based system and more
commitment to human and refugee rights in
negotiations by the European Parliament. This
applies particularly to serious issues in the new
draft regulations such as detention. However,
the reform of the European Asylum Support
Office (EASO) offers an institutional medium
and long-term opportunity to drive forward the
harmonisation of the European asylum system,
to reduce the risk of a continued asylum lottery
in Europe, and to ensure that all member states
offer asylum seekers essentially the same stand-
ards, which meet the same level. A consistent,
rights-based approach, as described by Keudel
Kaiser
et al
. (2016), would not just have to open
up and strengthen the access opportunities out-
lined above, but also result in reform of the
Dublin System and consistent implementation
of standards during and after asylum processes.
This could certainly also have an effect on sec-
ondary migration.
However, the European Parliament still has
an opportunity to raise the standards proposed
in other regulations and directives, and not sim-
ply defer to the ministers in the Council. The re-
sults of elections in important member states are
still pending – the responsibility to turn the crisis
into an opportunity also lies with the voters.