De GEDIP, Groupe européen de droit international privé/European Group for Private International Law, heeft op zijn 25e jaarlijkse bijeenkomst, in Luxemburg eind september 2015 onderstaande Declaration on the Legal Status of Applicants for International Protection from Third Countries to the European Union aangenomen.
THE EUROPEAN GROUP FOR PRIVATE INTERNATIONAL LAW
At its Twenty-fifth meeting held in Luxembourg, from 18 to 20 September 2015,
Considering that the current influx of applicants for international protection, among other migrants, from third countries to the European Union and their presence – even of a temporary character – in the Member States gives rise to urgent and important questions concerning their legal status, including in civil law, and requires that special attention be given to the clarification, and consistency across the European Union, of this status;
Recalling that the Area of Freedom, Security and Justice of the European Union covers both policies on border checks, asylum and immigration, and judicial cooperation in civil matters;
Considering that it is crucial that the measures to be taken meet both the immediate and future challenges arising from the influx of migrants from third countries;
Recalling, in particular:
- the Treaty on the Functioning of the European Union, the Charter of Fundamental Rights of the European Union, the United Nations Convention of 20 November 1989 on the Rights of the Child, and the United Nations Convention of 28 July 1951 relating to the Status of Refugees and its Protocol of 31 January 1967, all of which apply across the European Union,
- the Directives of the European Parliament and Council 2011/95/EU, 2013/32 and 2013/33/EU as well as Council Directive 2001/55/EC,
- Regulation (EC) 2201/2003 of the Council and the Hague Conventions on the Protection of Children of 19 October 1996 and on the Protection of Adults of 13 January 2000;
CALLS ON THE INSTITUTIONS OF THE EUROPEAN UNION AND ON THE MEMBER STATES
I. TO ENSURE
Recording and recognition of facts and documents relating to civil status
- a) regarding any national of a third country and any stateless person present on the territory of a Member State of the European Union having presented an application for recognition of refugee status or granting of subsidiary protection status, or having obtained such status, registration as soon as possible - even provisionally - of the important facts relating to their personal status, such as births, marriages and deaths, as well as recognition of these records and documents relating thereto within the European Union;
Exercise of jurisdiction by national authorities to take measures of protection in civil matters
- b) regarding any child, especially when unaccompanied or separated from his or her parents, and any vulnerable adult, seeking or having obtained international protection, the exercise by the authorities of the Member State on whose territory that person is present of their jurisdiction to take measures of protection in civil matters whenever his or her situation so requires;
Refugee status, subsidiary protection status and provisional residence permits
- c) the coordination and mutual recognition, to the extent possible, of decisions on the recognition of refugee status, the granting of subsidiary protection status as well as the granting of provisional residence permits to applicants for international protection.
II. TO TAKE INITIATIVES WITH A VIEW –
Promotion of the instruments of
private international law relating to personal status
- a) to promoting the universal ratification of instruments of private international law aimed at ensuring legal certainty and mutual recognition of personal status, including the Hague Convention on Protection of Children (1996).
Common ratification of existing instruments and enhancing their effectiveness
- b) to considering the possibility of signing and ratifying existing instruments at the global level, adopted by the United Nations, its specialized agencies and other intergovernmental organizations, that may contribute to establishing a coherent global legal framework for migration, including of workers and their families, and the possibility of strengthening coordination and cooperation among States needed for the effective implementation of these instruments.