Country Report: ANNEX I – Transposition of the CEAS in national legislation
Last updated: 10/07/24
Directives and other measures transposed into national legislation
Directive | Deadline for transposition | Date of transposition | Official title of corresponding act | Web Link |
Directive 2011/95/EU
Recast Qualification Directive |
21 December 2013 | 29 July 2015 | Law n. 2015-925 of 29 July 2015 on the reform of asylum law | http://bit.ly/1Vwt38q (FR) |
Directive 2013/32/EU
Recast Asylum Procedures Directive |
20 July 2015
Article 31(3)-(5) to be transposed by 20 July 2018 |
29 July 2015 | Law n. 2015-925 of 29 July 2015 on the reform of asylum law | http://bit.ly/1Vwt38q (FR) |
Directive 2013/33/EU
Recast Reception Conditions Directive |
20 July 2015 | 29 July 2015 | Law n. 2015-925 of 29 July 2015 on the reform of asylum law | http://bit.ly/1Vwt38q (FR) |
Regulation (EU) No 604/2013
Dublin III Regulation |
Directly applicable
20 July 2013 |
29 July 2015 | Law n. 2015-925 of 29 July 2015 on the reform of asylum law | http://bit.ly/1Vwt38q (FR) |
All legal standards of the CEAS have been transposed in French legislation and the transposition has been considered correct in national litigation on this aspect. Doubt remains, however, regarding the conformity of several provisions:
- Receptions conditions limited to adults (Article D. 553-3 CESEDA): Unaccompanied minors are accommodated in the child protection system when their minority is assessed: if not, they can ask for asylum as minors but they are not eligible to reception conditions.
- Financial allowance for asylum seekers (Decree 2018-426 of 31 May 2018): The Council of State requested an increase of the amount of the allowance twice, in order to comply with the case law of the CJEU.[1] The last amount decided by Decree was not challenged before the Council of State, but there are doubts as regards compliance with this case law.
- Access to health care (Decree 2019-1531 of 30 December 2019): During the first three months upon arrival in France, access to health care for all asylum seekers (including vulnerable persons) is limited to urgent care.
[1] CJEU, C-79/13, Saciri and Others, Judgement of 27 February 2014.