ANNEX I – Transposition of the CEAS in national legislation

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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.744-18 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.  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. The conformity of this provision with European law will probably be assessed by the Council of State before the end of 2020.