This document is an excerpt from the EUR-Lex website
Document 32013L0033
Living conditions for asylum seekers – EU rules (until 2026)
- Date of last review:
- 23/08/2024
- Initial creation date:
- 13/10/2016
- Summary code:
-
- 23.01.05.00 Asylum
- EUROVOC descriptor:
- Directory code:
- Summarised document(s):
- Responsible entity(ies):
- Directorate-General for Migration and Home Affairs
Living conditions for asylum seekers – EU rules (until 2026)
SUMMARY OF:
Directive 2013/33/EU on standards for the reception of applicants for international protection
WHAT IS THE AIM OF THIS DIRECTIVE?
- Directive 2013/33/EU creates European Union (EU) rules on living (or reception) conditions for applicants for international protection1 (asylum seekers or people seeking subsidiary protection2) who are waiting for their application to be examined. These rules should help prevent applicants from moving on to different countries because of variations in living conditions.
- It aims to guarantee a dignified standard of living for asylum seekers in the EU and ensure their human rights are respected.
KEY POINTS
Who is affected?
The directive applies to applicants for international protection and their families, including:
- spouses and unmarried partners,
- their children under 18, and
- other family members (e.g. the applicant’s mother or father if the applicant is under 18).
Standard EU-wide reception conditions
The directive aims to harmonise reception conditions throughout the EU. These conditions include:
- access to housing,
- food,
- clothing,
- financial allowances,
- a decent standard of living, and
- medical and psychological care.
Other guarantees
Apart from the basic reception conditions, EU Member States must ensure that applicants can access:
- employment within 9 months, and
- education for children under 18.
Vulnerable people
- An individual assessment must be made in order to assess the needs of vulnerable people (e.g. children, disabled people or victims of abuse).
- Specific rules apply to children, unaccompanied children and victims of torture and violence.
- Vulnerable asylum seekers must have access to psychological care.
- When unaccompanied children apply for asylum, they should be given a qualified representative to help them. The best interests of the child and family unity should always be the primary considerations.
Detaining asylum seekers
Applicants should not be detained just because they are seeking international protection. Detention should be a last resort, decided on a case-by-case basis.
An exhaustive list of detention grounds has been adopted, to prevent arbitrary detention.
The directive also:
- limits detention periods;
- restricts the detention of vulnerable people, especially children;
- offers legal guarantees (e.g. access to free legal assistance, information in writing when appealing a detention order); and
- introduces specific reception conditions for detention facilities, such as access to open-air spaces and contact with lawyers, non-governmental organisations and family members.
Directive 2013/33/EU repealed Directive 2003/9/EC with effect from .
Repeal
Directive 2013/33/EU will be repealed and replaced by Directive (EU) 2024/1346 (see summary) as of .
FROM WHEN DO THE RULES APPLY?
The directive had to be transposed into national law by .
BACKGROUND
- The EU has been working towards the creation of a common European asylum system (CEAS). Since 2013, a series of new legal texts have been adopted to improve the workings of the system.
- Following the COVID-19 outbreak and the introduction of measures to cope with the impact of the crisis, the European Commission adopted the following text: Communication from the Commission – COVID-19: Guidance on the implementation of relevant EU provisions in the area of asylum and return procedures and on resettlement.
KEY TERMS
- International protection. Refugee status or subsidiary protection status.
- Subsidiary protection status. Status granted to non-EU nationals or stateless people who do not qualify for refugee status but who would be at risk of serious harm if they returned to their country of origin.
MAIN DOCUMENT
Directive 2013/33/EU of the European Parliament and of the Council of laying down standards for the reception of applicants for international protection (OJ L 180, , pp. 96–116).
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