eunbil · GT0N1597 · 2006-07-14 00:00:00 — (Council Directive 2004/83/EC of on minimum standards for the qualification of third country nationals and stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted) To ensure a minimum level of protection in all Member States for those in need of protection. To guarantee the rights of persons qualifying for refugee status or subsidiary protection status To reduce disparities between MS" legislation and practice. To limit secondary movements. To prevent false claims. Transposition into national legal systems. Reduction of disparities among Member States Changes made to national legislation (Source: MS and Commission) Numbers of Member States achieving minimum standards or above (Source: Commission) Reduction of false claims Number of unfounded cases (Source: MS) Numbers granted refugee and subsidiary protection status (Source: MS) Improved access to rights Increased numbers of refugees accessing education, services, employment, appropriate accommodation, integration programmes (Source: MS) Guarantee of a minimum level of protection across the EU Approximation of rights granted to refugees Reduction in disparities between legislation and practice Reduction of secondary movements Improved integration Common standards difficult to achieve as Directive allows scope for interpretation Reception Directive (Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers) Ensure a dignified standard of living to asylum seekers across the EU. Address applicants special needs. Ensure equal standards across the EU. Limit secondary movements. Transposition into national legal systems Improved facilities Expenditure on the improvement of reception facilities (Source: MS) Improvement of equal standards across the EU Numbers of MS achieving minimum standards or above (Source: Commission) Improved standard of living for asylum seekers Number of asylum seekers living in appropriate accommodation (Source: MS) Number of asylum seekers accessing services (Source: MS) Number of asylum seekers accessing employment and vocational activities (Source: MS) Number of specific provisions for applicants with special needs (Source: MS) Approximation of standards of living for asylum seekers across the EU Improved facilities and services for asylum seekers Improved socio-vocational integration of asylum seekers Reduction of secondary movements Common standards difficult to achieve as Directive allows scope for interpretation. Evaluation due at the end of 2006. ERF II Support and encourage efforts in receiving refugees and displaced persons Promote balance in the efforts to receive asylum seekers Promote the social, economic and cultural integration of target groups Promote voluntary return Disbursement rate/amount spent per year Increased reception capacity Numbers of projects implemented per type of action (Source: MS) Number of beneficiaries (per country of origin and target group) per type of action (Source: MS) Number of reception places (Source: MS) Increased capacity of services to asylum seekers Number and type of services available(Source: MS) Number of beneficiaries receiving education and training (Source: MS) Number of voluntary returns (Source: MS) Increased balance of effort among by: The proportion of all resource commitments (Source: MS) Increased social, economic and cultural integration of target groups Measured by: Percentage of persons per target group and activity able to apply new skills (i.e. percentage of persons who benefited from vocational training in employment) Improved reception standards and conditions Increased access of asylum seekers to health, housing, education, services and labour market Fairer and more effective asylum procedures (including return) An improved balance in effort to receive asylum seekers Indicators have been developed in the context of the final evaluation. Policy sub-area 2: Legal and illegal migration Objectives: To establish admission procedures capable of responding to fluctuating demands for migrant labour Policy sub-area level indicators: Skill shortages in vocations and professions (Source: Commission - , , EEO) Employment rates amongst migrant groups (Source: Commission - , ) Estimation of the numbers of migrants overstaying the duration of their work permits (Source: MS) instrument (and type of instrument) Objectives Implementation at national level Indicators/evaluation questions Specific issues /comments Immediate results Outcomes Impacts Family reunification Directive (Council Directive 2003/86/EC of on the right to family reunification) Determine conditions for the exercise of the right to family reunification by TCNs. Transposition into national legal systems. Reduction of disparities among Member States Changes made to national legislation (Source: MS and Commission) Numbers of MS achieving minimum standards or above (Source: Commission) Improved efficiency of procedures Number of family members reunited (Source: MS) Reduced length of process: average delay before and after (Source: MS) Facilitated procedures for family reunification Protection of right to family life Common standards difficult to achieve as Directive allows scope for interpretation. Directive on status of TCNs as long-term residents Approximate national laws by creating a single status. Ensure equal treatment of TCNs throughout the EU. Transposition into national legal systems. Reduction of disparities among Member States Changes made to national legislation (Source: MS and Commission) Numbers of MS achieving minimum standards or above (Source: Commission) Equal treatment of TCNs Numbers granted/refused status (Source: MS) Increased number of TCNs accessing employment, education and training (rate of increase) (Source: Increased mobility of TCNs Number of TCNs moving from one MS to another (Source: Commission) Approximation of national laws Equal treatment and application of uniform rights for TCNs across the EU Improved mobility of TCNs Improved integration of TCNs Common standards difficult to achieve as Directive allows for scope for interpretation Directive on the admission of TCNs for the purposes of studies, pupil exchange, unremunerated training or voluntary service To promote Europe as a world centre of excellence for studies and vocational training by promoting the mobility of TCNs to the Community for the purpose of studies The approximation of the Member States" national legislation on conditions of entry and Transposition into national legal systems. Approximation of national legislation Changes made to national legislation (Source: MS and Commission) Numbers of MS achieving minimum standards or above (Source: Commission) Increased mobility of TCNs to the Community for the purposes of study/vocational training Numbers granted entry for study/vocational training/voluntary service (Source: MS) Approximation of national laws Improved mobility of TCNs for study, vocational and volunteer purposes Common standards difficult to achieve as Directive allows for scope for interpretation Policy sub-area 3: Integration of third-country nationals Objectives: To prevent the isolation of certain groups and achieve successful integration of and their descendents To fight discrimination against legally residing To promote the exchange of experience and information Policy sub-area level indicators: Instances of discrimination (Source: , MS) Employment rates of third country nationals (Source: Commission - , MS) Employment rates of second generation migrants (Source: SOPEMI Report, MS) Relative income levels of third country nationals (Source: Commission - , MS) Proportion of third country nationals living in poverty (Source: Commission - , MS) instrument (and type of instrument) Objectives Implementation at national level Indicators/evaluation questions Specific issues /comments Immediate results Outcomes Impacts INTI preparatory actions (integration of TCNs) Promote new and innovative ways of integrating immigrants. To encourage co-operation between MS and the creation of transnational partnerships and networks. Enhance empowerment of migrants. Promote dialogue with civil society. Disbursement rate/amount spent per year Successful implementation REFINE Numbers of projects and activities implemented and average sums of money involved (Source: MS + Commission) Number of TCNs benefiting from projects Number of transnational networks set up (Source: MS + Commission) Number of new integration models identified and exchanged among of new and innovative practices Exchange of information and best practices promoted among Transnational networks and dialogue between stakeholders supported among cooperation among MS through networks and cooperation activities Increased dialogue with civil society Enhanced integration of TCNs Development and promotion of a European framework approach on integration of TCNs Integration policies are implemented mainly at regional and local levels in MS. Differences exist among MS in terms of numbers of migrants and integration experience. Potential impacts may not be significant considering that this is a small fund with very diverse projects. Final evaluation is planned for 2007. Policy sub-area 4: External dimension of asylum and migration Objectives: Assist third countries in migration management, intensify MS cooperation to manage migration flows and prevent humanitarian crises, integrate migration into third country relations, develop policies that link migration, development cooperation and humanitarian assistance, intensify cooperation with third countries on southern and eastern border of EU Policy sub-area level indicators: Increase/decrease over a 5-year period of: Numbers of legal migrants by third country (Source: Commission - ) Numbers of illegal migrants by third country intercepted crossing an external border (Source: Commission - ) Numbers of visa overstayers by third country intercepted (Source: MS) Numbers of asylum applications by third country (Source: Commission - ) Numbers of failed asylum applications by third country (Source: Commission - ) Numbers of failed asylum seekers returning to country of origin /other third country (Source: MS) Number of victims of trafficking from third countries (Source: MS) instrument (and type of instrument) Objectives Implementation at national level Indicators/evaluation questions Specific issues /comments Immediate results Outcomes Impacts Programme for financial and technical assistance to third countries () Give specific and complementary financial and technical aid to third countries in order to support their efforts to improve the management of migratory flows Develop legislation in third countries on legal immigration and international protection Raise public awareness in third countries on advantages of legal migration and consequences of illegal migration in third countries of preventive policy in the fight against illegal migration Readmission and durable reintegration of returnees Not applicable (action is at Community level) Successful implementation Number of information campaigns organised on advantages of legal migration/consequences of illegal migration in third countries (Source: Commission) Number of returnees benefiting from reintegration programmes (Source: Commission) Development of legislation in third countries New legislation passed in third countries on legal and illegal migration (Source: Commission) Decreased number of illegal migrants entering the EU rate of decrease (Source: Commission) Improved management of migration flows Decrease in illegal migration and trafficking Increased awareness in third countries on advantages of legal migration/consequences of illegal migration Successful reintegration of returnees High number of external factors to the programme influence impact indicators. Causality links difficult to establish. As action is at Community level, MS will not contribute to evaluation. be difficult to evaluate as this is a new area which is also highly political. A Communication on the future of the fund was adopted in January 2006. Policy sub-area 5: Return and re-admission Objectives: To establish an effective removal and repatriation policy based on common standards for persons to be returned in a humane and with full respect for their human rights and dignity. Policy sub-area level indicators: Increase/decrease over a 5-year period of: Proportion of failed asylum seekers (and illegal migrants) who are repatriated (Source: MS) Numbers returned to countries subsequently deemed unsafe within a period of two years (Source: MS) Numbers (of labour market age) in employment in country of origin 12 months after being subject to return instrument (and type of instrument) Objectives Implementation at national level Indicators/evaluation questions Specific issues /comments Immediate results Outcomes Impacts Preparatory actions for To support efforts made by MS to improve the organisation and implementation of integrated return management and specific measures in the area of return management To increase knowledge and capabilities in the area of return management To develop co-operation between MS with respect to return management as well as co-operation with countries of return To promote sustainable return, thereby avoiding secondary movements Disbursement rate/amount spent per year Number of actions implemented relating to the introduction and improvement of the organisation and implementation of integrated return management (Source: Commission) Number of actions implemented relating to the introduction and improvement of specific measures in the area of return management (Source: Commission) Number of actions implemented relating to the increase of knowledge and capabilities in the area of return management (Source: Commission) Increased number of returnees Measured by: rate of increase (Source: MS and Commission) Reduction in cost of detaining illegal migrants Measured by: rate of reduction (Source: MS and Commission) The strengthening of efforts made by Member States at improving the organisation and implementation of integrated return management Improved organisation and implementation of integrated return management Increased knowledge and capabilities in return management Increased cooperation between MS and countries of return with respect to return management Reduction in illegal migrants living in the Member States (overstayers) Increased removal of illegal third country nationals Improved return conditions Re-admission agreements To facilitate the readmission to their own country of persons residing without authorisation in a . To combat illegal immigration To improve the effectiveness of return procedures (These are reciprocal agreements between the EU and third countries.) Successful implementation of the agreements Number of persons readmitted to third countries covered by the agreements Increased number of returnees Measured by: rate of increase (Source: Commission and MS) Reduction in cost for detaining illegal migrants Measured by: rate of reduction (Source: MS) Decrease in illegal immigration Improved effectiveness of return procedures Agreements have been signed with , , , and . Others are currently being negotiated. Policy sub-area 6: Horizontal issues instrument (and type of instrument) Objectives Implementation at national level Indicators/evaluation questions Specific issues /comments Immediate results Outcomes Impacts Proposed mutual information procedure on planned national asylum and immigration measures Enhance mutual information of national immigration and asylum policies between MS policy-makers Cooperation by implementation of procedure Number of national measures submitted through the system Number of responses generated to requests for information (Source: MS + Commission) Meetings organised (Source: MS + Commission) Increased knowledge of other policies and measures Anticipation of effects of changes to other national policies Better understanding of other national contexts could lead to an enhancement of the possibilities for harmonisation Procedure yet to be implemented. Implementation could start in 2007. Provide the Community and MS with objective, reliable and comparable information on migration and asylum. at national level by national contact points Successful implementation of network Number of products produced (Source: MS + Commission) Number of meetings and conferences held (Source: MS + Commission) Number of networks set up at national level (Source: MS) Better and faster access to information on migration and asylum Increased knowledge of issues at national level Increased information sharing between actors Increased knowledge and understanding of the migration phenomenon at and EU level Increased capacity to "anticipate" migratory developments Proposal and impact assessment due by for a Council Decision on the future EMN. Proposed Regulation on Community statistics on migration and international protection Improve the statistical knowledge of migration-related phenomena by specifying the data to be collected, the timetables to be applied, the definitions and the quality standards. Adoption of measures at national level Successful implementation of Regulation Increased proportion of statistical data items supplied according to the harmonised definitions as opposed to national definitions (Source: MS) Increased proportion of statistical data items directly based on appropriate data sources as opposed to statistical estimations (Source: Commission - )) Increased availability of data Improvement to quality and comparability of data between Member States Improvements in the completeness, timeliness and degree of harmonization of migration and asylum data supplied to the Commission - (Source: Commission - ) Improved analyses of data Improved statistical knowledge Regulation will probably be adopted in 2006. First reference year for the statistics will be 2008. Action Programme for administrative cooperation in the fields of external borders, visas, asylum and immigration () To promote cooperation between national administrations responsible for implementing Community rules and to ensure that proper account is taken of the Community dimension in their actions To promote the uniform application of Community law To encourage transparency of actions taken by the national authorities To improve the overall efficiency of national administrations in their tasks Disbursement rate/amount spent per year Successful implementation of programme measured by: Number of projects implemented per activity area Number of training actions implemented Number of staff exchanges implemented Number of actions promoting data exchange implemented Number of studies, conferences and seminars conducted (Source: Commission) Increased cooperation between national administrations and with third countries Number of common operative centres and joint teams set up Number of cooperation activities in third countries set up (Source: Commission) Uniform application of Community law Improved transparency of actions taken by national authorities Improved efficiency of national administrations Mid-term evaluation to be completed in 2006. POLICY AREA: ESTABLISHING A GENUINE EUROPEAN AREA OF AND CIVIL MATTERS Factors influencing evaluation mechanism: The policy area includes both first pillar (civil ) and third pillar (criminal ) matters. The main instruments are legislation including the introduction of new legal instruments and activities to stimulate judicial cooperation. Evaluation should cover the implementation of mutual recognition instruments and the various flanking (confidence ) measures that make mutual recognition possible. The potential to identify the causal links between the interventions and the achievement of objectives is greater within civil matters than criminal matters. Information on the scale and nature of the relevant (cross border) civil and criminal matters is however poor. The instruments in both sub policy areas are potentially reinforcing. The classification of the instruments within the civil matters sub policy area relate to both process (cooperation and procedures) and to substantive problems addressed by the instruments (cross border disputes and breakdown of international marriages). There is also a miscellaneous sub category. The achievement of a European area of in criminal matters may be constrained by continued variations in definitions of crimes and penalties. Several of the instruments mentioned under civil matters are forthcoming. They are included however because they illustrate aspects of the evaluation challenges in this policy area. The Judicial training instrument is relevant to both sub policy areas. There are close links between the instruments and objectives of the policy sub area 2 Criminal matters, and the objectives and activities in the policy area: law enforcement cooperation, prevention and fight against organised crime. Also, it should be noted that adjustments to the indicators put forward in criminal matters may take place in light of the implementation of the forthcoming Action Plan on statistics in the field of crime and criminal (see more expanded reference on page 49). Policy sub-area 1: Civil matters Objectives: To increase mutual recognition and enforcement of judicial decisions To establish clear rules on jurisdiction and applicable law To reduce the costs of resolving cross border disputes To increase the likelihood that cross border disputes are resolved To reduce the likelihood of cross border disputes arising To reduce the negative consequences of breakdowns in international marriages and prevent child abduction Policy sub-area level indicators: Number of mutually recognised judicial decisions Average costs (of different types) of cross-border disputes Number of cross-border cases not resolved Spouses (perceptions of) costs of international divorces The number and amount of cross-border maintenance claims not paid Source: instrument Objectives Implementation at national level Indicators/evaluation questions Specific issues /comments Immediate results Outcomes Impacts Horizontal cooperation activities Specific programme Civil (Framework Programme 2007-2013 Fundamental Rights and ) To increase mutual confidence of judicial actors. To increase instances of mutual recognition. To reduce application of intermediate procedures. Participation in and support for cooperation programme. Number of meetings, workshops. Numbers of legal, judicial and administrative authorities involved in cooperation. programme monitoring system Increased knowledge of Member States legal and judicial systems in civil matters. Levels of knowledge amongst relevant authorities (Source: MS surveys) Mutually recognised decisions acted upon/ enforced. Increased legal certainty. Improved access to . Decreased costs and time spent in accessing due to disparities in civil law and civil procedures. Establishing causal links between the interventions and outcomes and impacts will be problematic European judicial network in civil and commercial matters To improve and facilitate co-operation in civil matters To facilitate access to and information To reduce costs of access to information on international and European law and national judicial systems by EU nationals (and therefore increase access). Participation in and support for cooperation programme. Meetings, publications website. Numbers of legal actors involved in cooperation. Source: Network management reports (Source: Commission) Hits and usage of website (Source: Commission) Improved access to and quality of advice on cross (internal) border issues.