GREEN PARLIAMENT ON THE HARMONIZATION OF CYPRIOT LEGISLATION WITH THE EU PACT ON MIGRATION AND ASYLUM - WHAT IS CHANGING - Filenews 23/4 by Theodora Nikolaou
The Plenary Session of the Parliament approved new legislation to replace the current Refugee Law, in order to regulate the procedures and other individual issues related to the management of migration and asylum, based, among other things, on the provisions of the European Pact on Migration and Asylum.
In particular, it is intended to harmonize with a series of regulations and the following European Directives:
1. 'Directive (EU) 2024/1346 of the European Parliament and of the Council of 14 May 2024 on standards for the reception of applicants for international protection'.
2. "Council Directive 2001/55/EC of 20 July 2001 on minimum standards for granting temporary protection in the event of a mass influx of displaced persons and measures for the sharing of the burden fairly between Member States as regards the reception of such persons and the treatment of the consequences thereof".
3. Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification.
More specifically, the following are provided, among others:
1. Adoption of provisions for the purpose of adopting into the domestic legal order the necessary implementing measures regarding the requirements and conditions for the recognition of third-country nationals or stateless persons as beneficiaries of international protection, the management of asylum and migration, resettlement and admission on humanitarian grounds.
2. Establishment of a screening procedure for third-country nationals at the borders and the provision of asylum within the Screening, Reception and Identification Control Center, with the aim of faster management of applications for international protection and the processing of return procedures.
3. Designation of the Commissioner for Administration and Protection of Human Rights as an independent national mechanism for the monitoring of fundamental rights in relation to border screening.
4. Enabling the Asylum Service to give priority to the examination of applications for international protection in specific cases and setting the conditions for a fast-track application process.
5. Determination of a detailed procedure for the service of the decisions of the Asylum Service, the Deputy Ministry of Migration and International Protection and other competent authorities as provided for in the proposed legislation.
6. Transposition of the provisions of Directive 2003/86/EC on family reunification, Directive 2001/55/EC on the provision of temporary protection and Directive 2024/1346 on the reception of applicants for international protection, regulating the reception conditions of applicants at the stage of examining their application and taking into account in particular the safeguarding of the rights of vulnerable groups of applicants for international protection.
7. Introduction of regulations regarding the legislative gap that exists in relation to the need to maintain family unity in cases where the family is created after the applicant's entry into the Republic and after the granting of international protection status.
8. Institutionalization of a mechanism and procedures for dealing with crises and force majeure, provision of the possibility of integration of applicants into the labour market within six months and determination of actions in the field of integration.
9. Determination of the date of entry into force of the law, so that it enters into force on June 12, 2026, the date on which the European Pact on Migration and Asylum enters into force.
It is recalled that the adoption of the new legislative framework is linked to the provision of €190 million in funding from the European Union for the wider management of migration and is expected to contribute substantially to a more comprehensive and effective management in this area, in full compliance with international and EU law.
In addition, with regard to the implementation of the European Regulation (EU) 2024/1348 on the common procedure for international protection, the following national regulations are introduced:
1. The competent bodies for specific first-instance procedures, such as the registration of an application for international protection, as well as the examination and issuance of a decision on the application, as well as the appropriate means for their processing, such as the now mandatory use of audio means of recording an interview, are determined.
2. Digital communication with the applicant using e-mail is established and a detailed procedure for the service of first instance decisions of the Asylum Service is established.
3. The asylum procedure at the borders is established, which aims at the faster processing of applications for international protection, but also the processing of return procedures.
4. Legal guidance shall be provided free of charge from the administrative stage and free legal representation during the appeal procedure.
5. Deadlines are set for the issuance of a decision on an appeal by the Administrative Court for International Protection, as defined in Article 69 of Regulation (EU) 2024/1348.
In addition to the above, a provision of the existing legislation linking the renewal of a refugee family member's license to the presentation of proof of knowledge of the Greek language is abolished.
The parties' amendments
Amendments were submitted by AKEL, ELAM and Panikos Leonidou.
The amendment of ELAM, which provides that for any new housing space there must be consultation with the local authority, was approved with 32 votes in favour, 16 against and 3 abstentions. Furthermore, DIKO submitted a sub-amendment to ELAM's proposal so that it is not necessary to secure the consent of the local authorities, which was approved with 44 votes in favour, 1 against and 4 abstentions.
The rest of DIKO's amendments, which include a pre-existing provision and create a vacuum, were approved with 49 votes in favour and 3 abstentions.
At the same time, the amendment of ELAM which provided for the publication of a list of NGOs involved in immigration with the money they received last year for these purposes was rejected with 28 votes against, 17 in favour and 4 abstentions.
It is worth noting that a series of amendments were also submitted by AKEL, which, however, were rejected with 29 votes against, 14 in favour and 7 abstentions.
The bill was passed into law with 36 votes in favour and 14 abstentions from AKEL MPs.
The Deputy Ministry of Migration welcomes the adoption of the new Refugee Law
The Deputy Ministry of Migration and International Protection welcomes the adoption of the new Refugee Law of 2026 by the Plenary Session of the Parliament, noting that the legislation incorporates the new European framework for migration and asylum into the Cypriot legal order.
In a statement, the Deputy Ministry states that the new law introduces, among other things, faster asylum procedures, shorter timetables, stricter border controls, as well as enhanced provisions for minors and vulnerable persons.
It adds that the adoption of the law strengthens the overall migration and asylum management framework and establishes a more functional, reliable and resilient system.
At the same time, he notes that the new law is the legal basis for the Republic to be able to make use of the solidarity mechanisms, technical assistance and tools provided for by the new European framework.
The Deputy Ministry expresses its thanks to the Parliamentary Committee on Interior, the parties and MPs who voted in favour of the legislation, as well as to all the services, institutions and bodies that participated in the preparation, legal processing and consultation of the bill.
It adds, finally, that it will continue with seriousness and dedication the preparation for the full implementation of the new framework, with the aim of an effective and functional system, which safeguards the interests of the Republic of Cyprus and serves the principles and values of the European Union.
