The European Court of Human Rights (ECHR) was set up in 1959. It is the competent international court for ruling on individual or State applications alleging violations of the civil and political rights set out in the European Convention on Human Rights. Since 1998 it has sat as a full-time court and individuals can apply to it directly.
Administrative detention centre for illegal immigrants
The European Refugee Fund (ERF) was set up in 2000, by decision of the European Council. The aim was to gather within a single instrument the actions in terms of integrating refugees, receiving asylum seekers and assisting with voluntary repatriation of persons whose asylum applications have been rejected. The last ERF programme bore on the 2008-2013 period. It has since been replaced by the AMIF.
In order to harmonise the legislation of EU Member States, the European institutions adopt Directives in which they set out the results to be achieved by the States, within a given time-limit, while leaving the choice of forms and means to their discretion. These Directives are therefore transposed into the legislation of each Member State. With respect to asylum, the "Qualification", "Procedures" and "Reception Conditions" Directives, recast in 2011 and 2013 as part of the package of proposals to reform the asylum system, form the backbone of the Common European Asylum System (CEAS).
The Regulation establishing the European Union Agency for Asylum, which was adopted on 15 December 2021 and which came into force on 19 January 2022, replaces the European Asylum Support Office with an Agency endowed with new resources and its own powers, with particular regard to drawing up guidelines that must be considered when examining asylum applications, and supervising the implementation of the CEAS through a monitoring system. The Agency also provides certified training for asylum practitioners and coordinates operational support plans, including deploying national experts in countries facing asylum crises.
Adopted in 2000, the EURODAC Regulation established a database and system for comparing the fingerprints of asylum seekers in the EU. When someone submits an asylum claim, no matter where s/he may be in the EU, his/her fingerprints are sent to the EURODAC central unit, which has been up and running since 2003 and which assists with application of the Dublic Regulation for determining the Member State responsible for considering the asylum application. The fingerprints of foreign minors under 14 years of age are not taken.
Despite having established that the fears or threats stated in the event of return are well-founded, Ofpra can in some cases exclude any person from the benefit of refugee status or subsidiary protection, with respect to whom there are serious reasons for considering that he has:
• committed a crime against peace, a war crime or a crime against humanity, as defined in the international instruments
• committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee
• been guilty of acts contrary to the purposes and principles of the United Nations.
Regarding subsidiary protection, individuals may also be excluded from such protection where they have committed serious non-political crimes in France or their activity on the territory poses a serious threat to public order, public safety or State security.
A criminal record is a statement of criminal convictions grouped together at the National Criminal Records Office of the Ministry of Justice in Nantes. This information is communicated, on request, in the form of extracts called bulletins. Only bulletin no. 3 can be given to the person concerned (it bears on the most serious convictions for crimes and offences).