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Refugees and asylum

The issues of refugees and asylum represent a task to be tackled by the European Union working together. EU law also has rules for access to the labour market and social benefits.

Legal framework

The European Union (EU) is developing a common policy on asylum, subsidiary protection and temporary protection (Article 78 (1) of the Treaty on the Functioning of the EU - TFEU). Article 78 (2) TFEU gives the Council and the European Parliament the power to adopt various measures under the ordinary legislative procedure concerning a Common European Asylum System (CEAS). On 23 September 2020, the European Commission (COM) presented new proposals (Migration and Asylum Package) to reform the CEAS comprehensively. After extensive negotiations, an agreement was reached in the trilogue in December 2023. It is to be finalised in the current term of the European Parliament ending in the summer of 2024.

Examples of access pathways under EU law – refugees and asylum

There are various foundations in EU law that regulate the rights of people who are entitled to protection or who apply for it. When and under what conditions are they permitted to work? What benefits are they entitled to so that they can have a decent life? The Reception Conditions Directive 2013/33/EU regulates the rights of those applying for international protection (refugee protection or subsidiary protection).

  • Labour market access is granted no later than nine months after the application for international protection has been filed, if no decision on the application has yet been taken and the delay cannot be attributed to the applicant (Article 15 (1)).
  • Benefits for an adequate standard of living, which guarantees subsistence and protection of physical and mental health (Article 17 (2)), are to be provided.
  • Minimum requirements for health care are also regulated (Article 19).

The Qualifications Directive 2011/95/EU contains standards for the recognition of persons entitled to international protection (refugees or those entitled to subsidiary protection) and for the content of the protection status. It stipulates, for example, that persons granted international protection have the same access to the labour market as nationals (Article 26). The same applies to access to social welfare benefits (Article 29), in Germany: the Second Book of the Social Code (SGB II) for persons capable of work, the Twelfth Book of the Social Code (SGB XII) for persons not capable of work). Member states are to grant recognised beneficiaries of protection the same access to health care as nationals (Article 30).

In the context of the reform of the Common European Asylum System, it was also decided to amend the Reception Conditions Directive and to introduce a Qualifications Regulation.

Information on labour market access and social rights in Germany