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Pact instrument: Qualification Regulation

Qualification Regulation:
Article 39 – Monitoring and evaluation

By 13 June 2028 and every five years thereafter, the Commission shall report to the European Parliament and to the Council on the application of this Regulation and shall, where appropriate, propose necessary amendments. Nine months prior to the expiry of the relevant deadline as set out in the first paragraph, at the latest, Member […]

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Qualification Regulation:
Recital 6

A Regulation is therefore necessary to ensure a more consistent level of harmonisation throughout the Union and to provide a higher degree of legal certainty and transparency.

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Qualification Regulation:
Recital 22

The recognition of refugee status is a declaratory act.

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Qualification Regulation:
Recital 38

Acts of persecution might take the form of disproportionate or discriminatory prosecution or punishment. Such disproportionate or discriminatory prosecution or punishment might arise, inter alia, in situations where an applicant refuses to perform military service on moral, religious or political grounds or due to belonging to a particular ethnic group or holding a particular citizenship.

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Qualification Regulation:
Recital 54

In accordance with , Member States should ensure that applicants have access to an effective remedy before a court or tribunal against decisions by determining authorities to reject applications for international protection as unfounded or against decisions to withdraw international protection. In that respect, the reasons which led a determining authority to decide to reject […]

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Qualification Regulation:
Recital 70

Housing benefits should constitute a core benefit to the extent that they can be regarded as social assistance.

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Qualification Regulation:
Article 8 – Internal protection alternative

1. Where the State or agents of the State are not the actors of persecution or serious harm, the determining authority shall examine, as part of the assessment of the application for international protection, whether an applicant is not in need of international protection because the applicant can safely and legally travel to and gain […]

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Qualification Regulation:
Article 24 – Residence permits

1. Beneficiaries of international protection shall have the right to a residence permit for as long as they hold refugee status or subsidiary protection status. 2. A residence permit shall be issued as soon as possible after refugee status or subsidiary protection status has been granted, and at the latest 90 days from the notification […]

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Qualification Regulation:
Article 40 – Amendment to Directive 2003/109/EC

is amended as follows: (1) in Article 4(2), the third subparagraph is replaced by the following: ‘Regarding persons to whom international protection has been granted, the period between the date of the lodging of the application for international protection on the basis of which that international protection was granted and the date of the granting […]

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Qualification Regulation:
Recital 7

The main objective of this Regulation is, on the one hand, to ensure that Member States apply common criteria for the identification of persons genuinely in need of international protection and, on the other hand, to ensure that a common set of rights is available for beneficiaries of international protection in all Member States.

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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

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