Skip to content

EU Migration Pact information

A simple site to make the Pact legislation more accessible

Menu
  • Home
    • Asylum and Migration Management Regulation (AMMR)
    • Crisis and Force Majeure Regulation
    • Eurodac Regulation
    • Procedures Regulation
    • Return Border Procedure Regulation
    • Qualification Regulation
    • Resettlement and Humanitarian Admission Regulation
    • Reception Directive
    • Screening Regulation
  • Advanced Search

Procedures Regulation:
Article 8 – General guarantees for applicants

1. During the administrative procedure referred to in Chapter III applicants shall enjoy the guarantees set out in paragraphs 2 to 6 of this Article.

2. The determining authority or, where applicable, other competent authorities or organisations tasked by Member States for that purpose shall inform applicants, in a language which they understand or are reasonably supposed to understand, of the following:

(a) the right to lodge an individual application;

(b) the time limits and stages of the procedure to be followed;

(c) their rights and obligations during the procedure, including those under Regulation (EU) 2024/1351Asylum And Migration Management Regulation, and the consequences of not complying with those obligations, in particular as regards the explicit or implicit withdrawal of an application;

(d) the right to free legal counselling for the lodging of the individual application and to legal assistance and representation at all stages of the procedure pursuant to Section III of this Chapter and in accordance with Articles 15, 16, 17, 18 and 19;

(e) the means by which they can fulfil the obligation to submit the elements as referred to in Article 4 of Regulation (EU) 2024/1347 Qualification Regulation;

(f) the decision of the determining authority in accordance with Article 36.

All the information referred to in this paragraph shall be provided as soon as possible to enable applicants to exercise the rights guaranteed in this Regulation and to enable them to adequately comply with the obligations set out in Article 9. The information referred to in the first subparagraph, points (a) to (e), of this paragraph shall be provided to the applicant at the latest when the application for international protection is registered. That information shall be provided by means of the leaflet referred to in paragraph 7, either physically or electronically, and, if necessary, orally. Information shall be provided to minors in a child-friendly manner and with the involvement of the representative or the person referred to in Article 23(2), point (a), of this Regulation.

The applicant shall be given the opportunity to confirm that he or she has received the information. Such confirmation shall be documented in the applicant’s file. If the applicant refuses to confirm that he or she has received the information, a note of that fact shall be entered in his or her file.

3. During the administrative procedure, applicants shall be provided with the services of an interpreter for the purpose of registering and lodging an application and, where applicable, for the personal interview, whenever appropriate communication cannot be otherwise ensured. The interpretation services shall be paid for from public funds.

4. The competent authorities shall provide applicants as soon as possible and before the deadline for lodging an application in accordance with Article 28(1), with the opportunity to communicate with the United Nations High Commissioner for Refugees or with any other organisation providing legal advice or other counselling to applicants in accordance with national law.

5. The determining authority shall ensure that applicants and, where applicable, their representatives or legal advisers or other counsellors admitted or permitted as such under national law to provide legal advice (‘legal advisers’) have access to the information referred to in Article 34(2), points (b) and (c), that is required for the examination of applications and to the information provided by the experts referred to in Article 34(3), where the determining authority has taken that information into consideration for the purpose of taking a decision on their application.

6. The determining authority shall give applicants notice in writing as soon as possible of the decision taken on their application. Where a representative or legal adviser legally represents the applicant, the determining authority may give notice of the decision to that representative or legal adviser instead of to the applicant.

7. The Asylum Agency shall, in close cooperation with the Commission and each Member State, draw up leaflets containing the information required by this Article. Those leaflets shall be drawn up in such a manner so as to enable Member States to complete them with additional information specific to the Member State concerned and shall take into account the specificities of vulnerable applicants such as minors or disabled persons.


Previous
Table of contents
Next

Correlation table

Directive 2013/32/EUThis Regulation
Article 12(1)Article 8(1)
Article 12(1), point (a)Article 8(2), first subparagraph, points (b),(c), (e), and second subparagraph
—Article 8(2), first subparagraph, points (a) and (d)
—Article 8(2), third subparagraph
Article 12(1), point (b)Article 8(3)
Article 12(1), point (c)Article 8(4)
Article 12(1), point (d)Article 8(5)
Article 12(1), point (e)Article 8(6)
Article 12(1), point (f)Article 8(2), first subparagraph, point (f)
—Article 8(7)
Article 12(2)—
Categories: Articles Key words: Determining authority, Final decision, Free Legal Counselling, Member State Responsible, Minor, Representative

Keywords

Absconding Accelerated Examination Procedure Adequate capacity Annual Solidarity Pool Asylum Border Procedure Beneficiary of temporary protection Best Interests of the Child Biometric data Common Identity Repository (CIR) Crisis/Force Majeure Detention Determining authority Effective Remedy Eurodac Facial image data Family members Fingerprint data Hit Humanitarian admission Identification Identity data Illegal stay Mandatory Solidarity Member State Responsible Migratory pressure Minor Non-Refoulement Refugee status Relocation Remain in the Member State Representative Resettlement Return Border Procedure Safe Country of Origin Safe Third Country Search and rescue operation Secondary Movement Special procedural guarantees Special reception needs Stateless person Subsequent application Subsidiary protection status Transfer Unaccompanied minor Visa

Search

© EU Migration Pact information 2026. Powered by WordPress