Enhancing efficiency and fairness?
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“Dublin” – the Dublin Regulation – determines, which Member State is responsible for the substantive examination of an asylum application. In May 2016, the Commission issued a proposal for a new Dublin Regulation. This article examines the proposal from the standpoints of efficiency and fairness. The proposal does not sufficiently address the main challenges for the implementation of the Dublin procedure. A sustainable and fair system would essentially need to be based on the participation of the asylum seekers in the Dublin procedure and on leaner, more efficient and pragmatic solutions. The author shows that there is an urgent need to re-work the current proposal.
KeywordsDublin Responsibility sharing Common European Asylum System (CEAS) Commission proposal 2016 Responsibility determination Allocation mechanism
- 1.Crawley, H., Düvell, F., Jones, K., McMahon, S., Sigona, N.: Destination Europe? Understanding the dynamics and drivers of Mediterranean migration understanding the dynamics and drivers of Mediterranean migration in 2015, November 2016, p. 48 Google Scholar
- 2.Den Heijer, M., Spijkerboer, T.: Is the EU-Turkey refugee and migration deal a treaty? 7 April 2016, in: EU Law Analysis. http://eulawanalysis.blogspot.ch/2016/04/is-eu-turkey-refugee-and-migration-deal.html
- 3.di Filippo, M.: Dublin ‘reloaded’ or time for ambitious pragmatism? In: eumigrationlawblog, 12 October 2016, available at http://eumigrationlawblog.eu/dublin-reloaded/
- 4.European Commission DG Home Affairs and Justice: Evaluation of the Implementation of the Dublin III Regulation. Final Report (Report prepared by ICF International for the European Commission), 18 March 2016 Google Scholar
- 5.Hruschka, C.: Dublin is dead! Long live Dublin! The 4 May 2016 proposal of the European Commission. in: eumigrationlawblog, 17 May 2016, available at http://eumigrationlawblog.eu/dublin-is-dead-long-live-dublin-the-4-may-2016-proposal-of-the-european-commission/
- 6.Hruschka, C.: Schildbürgerstreich der EU-Kommission – Der vorgeschlagene Verteilungsmechanismus der Dublin-IV-Verordnung unter der Lupe, in: juwissblog, 6 December 2016, available at http://www.juwiss.de/97-2016/
- 7.Maiani, F.: The Reform of the Dublin III Regulation (Study for the LIBE Committee of the Euopean Parliament), June 2016 Google Scholar
- 8.Tampere European Council 15 and 16 October 1999 – Presidency conclusions Google Scholar
- 9.UNHCR: ExCom Conclusion No. 15 (XXX - 1979) on Refugees Without an Asylum Country Google Scholar
- 10.UNHCR: Hungary as a country of asylum. Observations on restrictive legal measures and subsequent practice implemented between July 2015 and March 2016, May 2016 Google Scholar