Work and Social Welfare for Asylum Seekers and Refugees: a study in 8 Selected EU Member States

The European Parliament Research Service has recently released a paper entitled ' Work and Social Welfare for Asylum-seekers and Refugees: Selected EU Member States' (EPRS, Dec. 2015) 

This publication provides an overview of the international and EU legal framework on the right to work and the access to social welfare for asylum-seekers and refugees. The legislation and practice in eight Member States is examined, while the economic impact and employment prospects of asylum-seekers and refugees in the EU are also assessed. It has been produced at the request of a member of the Committee of the Regions, in the framework of the Cooperation Agreement between the Parliament and the Committee.

Momentum for campaining coalitions: Business, NGOs, citizens and refugees could benefit if asylum seekers were able to start working sooner

Initiatives from European companies and trade confederations are being publicly released to promote the early access of asylum seekers and refugees to the labour market. It seems that the momentum has come for some politicians to understand that economic, demographic interests and enhancing the rights of asylum seekers and refugees can go hand in hand when comprehensive and humane policy are designed. 

We would like to reproduce this MUST READ article from The Economist (12th December 2015) Businesses could benefit, and refugees integrate faster, if newcomers to Europe were able to start working sooner. It shows that refugees, the State and companies could both benefit - and refugees can integrate faster if asylum seekers were authorized to work just after they have lodged their asylum claim. 

This excellent article also describes successful programmes and activities set up by various companies and NGOs in Europe to support asylum seekers and refugees in accessing the labor market. It identifies a series of problems, however, that hinder the smooth movement of refugees into European workplaces. 

UNHCR released comments on the Reception Conditions Directive (recast)

Asylum seekers waiting for a decision on their application in the European Union must be provided with certain necessities that guarantee them a dignified standard of living according to the EU Reception Conditions Directive that set minimum standards that Member States should respect.

In the past (and present), diverging practices among Member States however led to an inadequate level of material reception conditions for asylum seekers. The Reception Conditions Directive establishes for this reason- and in order to create a level playing field within the EU- common standards of conditions of living of asylum applicants. The previous version of the Directive is still valid until 21 July 2015 when a new one (recast) becomes applicable. It ensures (in legal theory at least) that applicants should have access to housing, food, health care and employment, as well as medical and psychological care.

Article 15 of the Reception Conditions Directive (recast) grants the right to work to asylum seekers but allows for the restriction of this right by EU Member States (who remain free to adopt more favourable standards nevertheless as the Directive only sets minimum standards). EU Member States must transpose the disposals contained in the Reception Conditions Directive (recast) within their legal order by July 2015.

Article 15 of the Reception Conditions Directive (recast) states that: 

’'Don't look a gift horse in the mouth', K. Boele

We reproduce an interesting article by K. Boele, from the Utrecht University, Science Shop of Law analysing a case law emanating from the Dutch Supreme Court in the Netherlands, where a refugee has been denied the right to work due to the interpretation of the Court.

The author of this publication deplores the interpretation of the Court and analyses the content of this case law, in line with the international human rights norms, including the disposals of the Reception Conditions Directive contained in EU law. We have not been able to date this valuable article, which seems to date already, nor to find the X versus the Netherlands case from the Dutch Supreme Court.

The article is named ‘Don’t look a gift horse in the mouth’, by K. Boele from the Science Shop of Law, Economics and Governance of the Utrecht University (ISBN: 978-90-5213-192-4 prof. mr. I. Giesen and dr. A.C. Buyse)