Author
The following section contains an overview of incompatibilities in transposition of the CEAS in national legislation:
|
Directive |
Provision |
Domestic law provision |
Non-transposition or incorrect transposition |
|
Directive 2011/95/EU Recast Qualification Directive |
Article 14 (14b) |
Article 68(1) IPA |
The QD stipulates that refugee status can be revoked in case the individual is convicted of a “particularly serious crime”. However, the IPA stipulates that refugee status can be revoked in case the individual is convicted of a serious crime. The threshold for the revocation in the IPA is therefore lower. |
|
Directive 2013/33/EU Recast Reception Conditions Directive |
Article 8(4) |
Article 84 IPA |
The IPA does not contain a provision on alternatives to detention. “Limitation of freedom of movement” on the premises of the Asylum Home amounts to de facto detention. |
|
Regulation (EU) No 604/2013 Dublin III Regulation |
Article 28 |
Article 84 IPA |
The provisions in the IPA regarding detention are not in accordance with the Dublin Regulation since the IPA does not contain the definition of the “risk of absconding” nor the objective criteria needed to establish the risk of absconding in an individual case. |