Turin's CIE - International University College of Turin

status. The harmonisation of EU national systems and procedures is meant to help limit the
secondary movements of asylum seekers among Member States, where such movements would
be caused by differences in the national legal frameworks.
EU Directive 2003/9/EC establishes that applicants must be informed “of at least any
established benefits and of the obligations with which they must comply relating to reception
conditions” 154 . As a general rule, Member States shall allow asylum seekers freedom of
movement within their territory or within an assigned area 155 . However, according to Article
7(3), “when it proves necessary, for example for legal reasons or reasons of public order,
Member States may confine an applicant to a particular place in accordance with their national
law”. Member States shall ensure asylum seekers’ rights in terms of: family unit 156 , access to the
education system for minors 157 and material reception conditions and health care 158 . Special
provisions must be applied to people with special needs, such as minors and victims of torture
and violence 159 .
EU Directive 2004/83/EC aims to ensure that Member States apply common criteria for the
identification of persons in need of international protection and that a minimum level of
benefits are available for these people in all Member States. International protection is a
broader concept than political asylum and it includes both the refugee status and the subsidiary
protection status. Therefore, the rights and benefits related to humanitarian protection are
granted also to persons eligible for subsidiary protection, who are defined as third-country
nationals who do not qualify as refugees but who, if returned to their country of origin, would
face a real risk of suffering serious harm, and who are unable or unwilling to avail themself of
the protection of that country 160 . According to Article 4(3), the assessment of an application for
international protection is to be carried out on an individual basis and includes taking into
account: the facts relating to the applicant’s country of origin; documentation and statements
presented by the applicant including information on whether the applicant has been or may be
subject to persecution or serious harm; and the individual position and personal circumstances
of the applicant. Chapter VII of EU Directive 2004/83/EC lists the whole range of rights and
benefits that Member States have to guarantee to persons who have recognised subsidiary
protection status.
EU Directive 2005/85/EC aims to establish common standards and procedures for granting and
withdrawing refugee status throughout the EU. The Directive provides procedural guarantees
for applicants, such as the rights: to be informed about the procedure in a language they can
understand; to access legal assistance; to communicate with the UNHCR; and to receive the
services of an interpreter 161 . Applicants should also be given the opportunity to have a personal
interview before a decision is taken and Member States must ensure that a written report is
made containing the essential information about the application as reported by the applicant 162 .
Moreover, EU Directive 2005/85/EC sets minimum requirements for the decision-making
process: decisions should be taken individually, objectively and impartially; precise and up-todate
country of origin information should be obtained by different sources; and the personnel
examining applications and taking decisions should be specialised in the field of refugee and
154 Directive 2003/9/EC, Article 5(1).
155 Directive 2003/9/EC, Article 7(1).
156 Directive 2003/9/EC, Article 8.
157 Directive 2003/9/EC, Article 9.
158 Directive 2003/9/EC, Articles 13, 14 and 15.
159 Directive 2003/9/EC, Articles 17, 18, 19 and 20.
160 Directive 2004/83/EC, Article 2(f).
161 Directive 2005/85/EC, Articles 10(1) and 15.
162 Directive 2005/85/EC, Articles 12 and 14.
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