The government drafted proposals to amend both the Law on Foreigners and the International and Temporary Protection Act in order to harmonise national legislation with EU law bound to enter into application in the near future. The proposed amendments to the International and Temporary Protection Act aim to incorporate the new EU regulations adopted under the Pact on Migration and Asylum, in particular:
- Regulation (EU) 2024/1351 on asylum and migration management (AMMR)
- Regulation (EU) 2024/1359 on crisis and force majeure situations in the field of migration and asylum
- Regulation (EU) 2024/1347 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection (QR)
- Regulation (EU) 2024/1348 establishing a common procedure for international protection within the Union (APR)
- Regulation (EU) 2024/1349 establishing a return procedure at the border
- Regulation (EU) 2024/1350 establishing a Union Resettlement and Humanitarian Admission Framework
- Regulation (EU) 2024/1358 establishing 'Eurodac' for the comparison of biometric data
- Directive (EU) 2024/1346 laying down standards for the reception of applicants for international protection (RCD)
According to the proposal, the bill seeks to align procedural rules with the new APR, including clearer regulation of accelerated and border procedures, the handling of inadmissible and repeated applications, decision-making deadlines and safeguards during the procedure. The draft act introduces the consideration of internal flight alternatives; regulates the cessation of international protection on public order and security grounds; and establishes the obligation to consider guidance of the EUAA on countries of origin. It also proposes to make access to certain social rights for beneficiaries of international protection conditional upon active participation in mandatory integration programmes.
The proposal incorporates the new Eurodac Regulation, which requires to register biometric data for children aged 6 or older, and the Regulation on Crisis and Force Majeure Situations, thereby including specific mechanisms for responding to a sudden influx of applicants and for exchanging information with other Member States and EU institutions.
Finally, the draft act transposes the new RCD provisions regarding standards for material reception conditions, healthcare, education and restrictions on freedom of movement, and introduces the obligation of regular and individual assessment of applicants’ specific needs, particularly those of vulnerable persons.
Both proposals to amend the Law on Foreigners and the International and Temporary Protection Act are open for public consultation until 13 December 2025.