Social protection of non-removable rejected asylum-seekers in the EU: A legal assessment

In: European journal of social security, Band 19, Heft 4, S. 313-334

Abstract

Asylum-seekers whose application for international protection in the European Union (EU) is rejected receive a return decision. However, the enforcement of this decision may be temporarily impossible due to legal or practical barriers, or policy choices. An assessment of the provisions in the Returns Directive offering social protection to non-removable rejected asylum-seekers shows that only limited standards of protection are guaranteed. Consequently, the EU Member States are left plenty of room to manoeuvre. This article raises the question of what social protection this particular group is legally entitled to in a sample of 17 EU Member States. For the purpose of this article, 'social protection' is defined as access to the labour market, health care and social benefits. This study finds that Member States' approaches differ markedly with respect to each of these three issues. Furthermore, it questions the added value of the current legal framework at the level of the EU. Finally, some suggestions for improving the level of social protection of non-removable rejected asylum seekers are put forward.