EU policy on asylum

European countries have a long tradition of offering refuge of the persecuted. Protection of fundamental rights constitute the core of European identity. In 1999, EU Member States have committed to create a Common European Asylum System to cope with problems of asylum increasingly higher in Europe.
In the coming years the European Union has adopted a number of important legislative measures in order to harmonize Member States' asylum different. Dublin Regulation determines which Member State is responsible for examining an asylum application individually. Reception Conditions Directive lays down minimum conditions for the reception of asylum seekers, including accommodation, education and their health. Asylum Procedures Directive lays down minimum standards for asylum procedures, thereby making an important contribution to international law, since this issue was not initially governed by the 1951 Convention Qualification Directive introduces the concept of subsidiary protection, which complements the Refugee Convention of 1951, form of protection to be granted to persons who face risk of serious injury.
The European Union also created a European Refugee Fund to provide financial support to Member States to allow their asylum systems to work efficiently. Eurodac is a computerized database that was launched to compare fingerprints and to determine whether an asylum seeker has already applied for asylum in another Member State.
The European Union has an important role on the issues of asylum and resettlement inside and outside the Union. EU legislation and practices significantly influence the development of refugee protection mechanisms in many other countries. Union institutions such as the European Council, European Commission, European Parliament and European Court of Justice, have legislative powers, executive and judicial areas directly relevant to the mandate of UNHCR.
Despite Directives and Regulations aimed at harmonizing the European Union, there are still significant differences between Member States in their approaches to protection, opportunities and rates of recognition of refugee status and reception conditions, such as medical care available to men, women and children seeking asylum. For example, in some Member States, access to basic material support is so limited that many asylum seekers end up sleeping on the streets.
Therefore, UNHCR closely follows EU legislation and policies on asylum and provides recommendations and advice to EU institutions and the 27 Member States on a range of issues related to refugee protection, resettlement and integration. Refugee Agency periodically issue reports, proposals and comments on asylum and EU policy.

Solving application for asylum

(1) The asylum application is dealt with on the basis of existing documents the applicant's file and the grounds relied on by the applicant, which are analyzed in relation to the concrete situation of the country of origin and credibility of the applicant.

(2) processing asylum applications of minor asylum seekers and take into account their degree of intellectual development and their maturity.

(3) processing applications for asylum of asylum major injudicious, their statements shall be valued taking into account the extent to which judgment is affected.

(4) In the cases provided for in art. 45 para. (2) and (9), the asylum application is dealt with on the basis of the evidence in the file.

b) if it finds that the asylum seeker is in one of the situations referred to in art. 42. In this case it will take extra effort to obtain as much data as necessary to solve the case.

(3) The interview is recorded in writing and will clarify the facts necessary for examining an asylum application as follows: identification of the applicant, the name of the interviewer specially appointed official, artist name and, where applicable, the legal representative, curator and / or the lawyer assisting the applicant, the language of the interview, the grounds for asylum, the applicant's statement showing that all data and information presented are real interview.

(4) Where it is reasonably assumed that the asylum seeker know another language which is able to communicate, the interview may be conducted in that language.

(5) The asylum seeker can not refuse to conduct the interview without a lawyer. Flashing the interview because of a lack Advocate is possible only once and only if there are reasonable grounds to justify this absence.

(6) If the applicant refuses to sign the interview note, the reasons for refusal will also be recorded.

(7) the applicant's refusal to sign the interview note does not prevent the National Refugee Office to take a decision on the asylum application.

(8) Where necessary, the National Refugee Office official in charge of the case can conduct a new interview.

(9) If the applicant does not appear on the date fixed for the interview without this, to date, reasons for his absence, the National Refugee Office official in charge of the case draw up a statement of facts.

(10) A copy of the interview note is made available to the applicant with the judgment of the National Refugee Office rejecting the application.

Asylum Procedure

 A person is considered asylum seekers from the moment the manifestation of will, expressed in writing or orally, to the competent authorities, showing that it calls for the protection of the Romanian state.

Time application for asylum

(1) The asylum application is lodged once:

a) the applicant presented himself at a checkpoint for crossing the state border;

b) the applicant entered the territory;

c) events occurred in the applicant's country of origin, which causes him to seek protection for foreigners with residence in Romania.

(2) Requests for asylum made outside Romania are not allowed.

(3) The competent authorities may not refuse to accept the application for asylum on the grounds that it was submitted late.

The power receiving asylum applications

The competent authorities receive an application for asylum are:

a) structures the Romanian Immigration Office;

b) Romanian Border Police structures;

c) structures of the Romanian Police;

d) the structures of the National Penitentiary Administration of the Ministry of Justice.