Procedures Regulation – Page 10 – EU Migration Pact information

Procedures Regulation:
Article 10 – Right to remain during the administrative procedure

1. Applicants shall have the right to remain on the territory of the Member State in which they are required to be present in accordance with Article 17(4) of until the determining authority has taken a decision on the application in the administrative procedure provided for in Chapter III. 2. The right to remain shall […]

Procedures Regulation:
Article 26 – Making an application for international protection

1. An application for international protection shall be considered to have been made when a third-country national or stateless person, including an unaccompanied minor, expresses in person to a competent authority as referred to in Article 4(1) and (2) a wish to receive international protection from a Member State. Where officials from the competent authority […]

Procedures Regulation:
Article 42 – Accelerated examination procedure

1. Without prejudice to Article 21(2), the determining authority shall, in accordance with the basic principles and guarantees provided for in Chapter II, accelerate the examination on the merits of an application for international protection where: (a) the applicant, in lodging his or her application and presenting the facts, has only raised issues that are […]

Procedures Regulation:
Article 58 – The concept of first country of asylum

1. A third country may only be considered to be a first country of asylum for an applicant where in that country: (a) the applicant enjoyed effective protection in accordance with the Geneva Convention, as referred to in Article 57(1), or enjoyed effective protection as referred to in Article 57(2), before travelling to the Union, […]

Procedures Regulation:
Article 74 – Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in to in Articles 60, 62 and 63 shall be conferred on the Commission for a period of five years from 11 June 2024. The […]

Procedures Regulation:
Recital 7

A common procedure for granting and withdrawing international protection should limit the secondary movements of applicants for international protection between Member States, where such movements would be caused by differences in legal frameworks, by streamlining procedures and by clarifying the rights and obligations of applicants as well as the consequences of non-compliance with those obligations, […]

Procedures Regulation:
Recital 23

The best interests of the child should be a primary consideration of Member States when applying this Regulation, in accordance with Article 24 of the Charter of Fundamental Rights of the European Union (the ‘Charter’) and the 1989 United Nations Convention on the Rights of the Child. In assessing the best interests of the child, […]

Procedures Regulation:
Recital 39

In order to guarantee the rights of the applicant, a decision concerning his or her application should be given in writing. Where the decision does not grant international protection, the applicant should be given reasons in fact and in law, information on the consequences of the decision and the modalities for challenging it.

Procedures Regulation:
Recital 55

The examination of an application should be accelerated and completed within a maximum of three months in a limited number of cases including where an applicant comes from a safe country of origin or an applicant is making an application merely to delay or frustrate the enforcement of a removal decision, or where there are […]

Procedures Regulation:
Recital 71

The border procedure should be carried out in full compliance with and Union law. Each Member State should in that context provide for a monitoring of fundamental rights mechanism in relation to the border procedure that meets the criteria set out in of the European Parliament and of the Council (17). 17. Regulation (EU) 2024/1356 […]