Order Description

Central research question:
What are the main changes in the national legislation of the Netherlands and Germany since the

second phase of the Common European Asylum System?

Sub-questions:
1. What is the CEAS?
2. How was European legislation structured prior to the second phase?
3. How is the Recast Asylum Procedures implemented within the national legislation of the

Netherlands and Germany?
4. To which extent is the Dutch and German legislation harmonised with EU legislation?

The main websites that will be used are of the European Commission, European Parliament, Eurostat,

the UNCHR, the Migration Policy Institute and National Contact Points.

The main legal instrument that will be discussed in this dissertation is the Asylum Procedures

Directive. The reason for this is that this Directive is part of the asylum acquis and is

integrated in the foundation of the CEAS (Hatton, 2005). The huge influx of asylum seekers posed

major challenges in terms of the registration of applicants for international protection. In

addition, not much research has been done in this field, whereas for example, other legal

instruments, such as the Reception Conditions Directive have been researched quite extensively.

Furthermore, this directive has had to endure a lot of criticism, especially in the Netherlands

where according to critics, asylum procedures take too long (AD). In the previous Asylum Procedures

Directive (2005) minimum standards were the norm, whereas in the recast Directive these standards

have been changed into common standards. Overall, the new Directive works faster and is more

efficient than its predecessor (European Commission, 2016).

This dissertation will look at changes in the national legislation of the Netherlands and Germany

brought about by the new Asylum Procedures Directive. In doing this, the focus will be on key

changes. First, the changes in the recast Directive will be discussed to give an insight into the

(positive) changes the second phase of the CEAS has brought about by in the asylum acquis. It will

then look at how these new changes have effected the national legislation of the Netherlands and

Germany. To what extent is the national legislation in line with the standards set by the recast

Asylum Procedures Directive and where lie weaknesses?