Title: The revised Reception Conditions Directive and adequate and dignified material reception conditions for those seeking international protection
Authors: Samantha Velluti
Addresses: School of Law, University of Lincoln, Brayford Wharf East, Lincoln LN5 7AT, UK
Abstract: The Recast Reception Conditions Directive (RCDr; Directive 2013/33/EU) constitutes an improvement with regard to the reception conditions that member states are required to provide for those seeking international protection. However, it still envisages the possibility for member states to reduce or withdraw material reception conditions and to grant less favourable treatment to international protection applicants compared to nationals where it is 'duly justified'. This may potentially lead member states to grant unacceptably low levels of material reception conditions and could be below what is an adequate standard of living as required under the directive itself. Using the lens of the right to human dignity, the article examines selected cases of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) in order to see how the European Convention of Human Rights (ECHR) and the European Union Charter of Fundamental Rights (EUCFR) may assist in ensuring that the implementation of the RCDr by the member states provides for adequate and dignified standard of living conditions for those seeking international protection.
Keywords: Reception Conditions Directive; RCD; material reception conditions; human dignity; European Convention of Human Rights; ECHR; European Court of Human Rights; ECtHR; European Union Charter of Fundamental Rights; EUCFR; Court of Justice of the European Union; CJEU; international protection; EU directives; European Union; refugees; asylum seekers; immigration control.
International Journal of Migration and Border Studies, 2016 Vol.2 No.3, pp.203 - 221
Received: 18 Jun 2015
Accepted: 05 Oct 2015
Published online: 11 Jul 2016 *