Journal of Accounting and Management Information Systems (JAMIS)

The implementation of directive 2004/83/CE in the legislation of the European Union Camelia Florentina STOICA

Vol. 9, Nr. 1/2010 ,   p166..178

Camelia Florentina STOICA

Keywords:   Asylum, free movement, the 2004/83/CE directive, refugee


The asylum represents a part of the emigrational phenomenon, which starting with the enforcing of the Treaty of Amsterdam, became without error a domain of community interest.

The states members of the European Union established at a communitary level a distinct legal system for the applicants for asylum. The study analyses separately the situation of the applicants for asylum and the situation of the ones that obtained a form of protection from point of view of the rights to the movement, to reside, to work, to benefit of the family reunions as well as other relevant rights and liberties. The applicant for the asylum cannot claim for the benefits to the free movement in the community space as he did not obtain the communitary protection. Within the directive 2004/83/CE of the European Union Council it is defined the regime of the “refugee”, from the simple analysis of the definition resulting that, at the community level, there are territory exceptions, directives stating that “the refugee” can be “citizen of a third country”, thus excluding from the benefit of this form of protection the citizen of the member states, situation regulated by the “Protocol over the home for the citizens of the member states in the European Union”. The member states will not be tempted to adopt higher standards within the national legislation, thus hindering the “secondary movements” of the homes claimants.

Community members states, except those  that called down the benefit of the protocol of unparticipation in adopting the minimum standards in the asylum domain at a Community level,  have established a separate legal regime for asylum seekers and those who have been granted a form of protection ,by regulating separate Community acts, for the first case The Directive of Procedures , and for the second  case The Directive of Qualification, due to fact that for the first category of  people should be granted an assistance of a limited duration, namely until is known if they need protection, otherwise he should return to his native country. Therefore, as we analyze separately the situation of the asylum seekers and those who have acquired a form of protection in terms of the right to the movement, to reside, to work, to benefit of the family reunification, and also other relevant rights and liberties.