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Main Debates
Distribution mechanisms v. protection obligations
Who controls the identity of the asylum seeker?
Does the Dublin system provide sufficient safeguards against refoulement?
Are there risks that asylum seekers will not receive any substantive claim examination in the EU as a result of the Dublin system?
Main Points
Allocating responsibility for determining asylum claims
Implementing Dublin without prior harmonization in asylum policies
Identity and data protection
UNHCR Documents
UNHCR, The Dublin II Regulation. A UNHCR Discussion Paper, April 2006.
UNHCR, Position on the Return of Asylum-Seekers to Greece under the ‘Dublin Regulation’, 15 April 2008.
EU Instruments
Report from the Commission to the European Parliament and the Council on the evaluation of the Dublin system SEC (2007) 742, COM/2007/0299.
Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national OJ L 050 (25 February 2003) (Dublin II).
Commission Regulation (EC) No. 1560/2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No. 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national OJ L 222 (5 September 2003).
Convention Determining the State Responsible for Examining Applications for Asylum Lodged in one of the Member States of the European Communities (signed Dublin 15 June 1990, entered into force 1 September 1997) OJ C254 1 (19 August 1997).
Council Regulation (EC) No. 2725/2000 of 11 December 2000 concerning the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention OJ L316, 15 December 2000, 1.
Council Regulation (EC) No. 407/2002 of 28 February 2002 laying down certain rules to implement Regulation (EC) No. 2725/2000 concerning the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention OJ L62, 5 March 2002, 1.
Commission Communication Regarding the Implementation of Council Regu-lation (EC) No. 2725/2000 , ‘Eurodac’.
Cases
Asylum and Immigration Tribunal, YI (Previous claims – Fingerprint match – EURODAC) Eritrea [2007] UKAIT 00054.
UK House of Lords Regina v. Secretary of State for the Home department ex parte Adan; Regina v. Secretary of State for e Home Department ex parte Aitseguer (Judgments of 19 December 2000) [2001] 2 WLR 143–169. (holding that Somali and Algerian asylum applicants could not be returned to France and Germany on safe third country grounds as both states do not grant protection to those in fear of non-state agent persecution).
TI v. UK, European Court of Human Rights 2000 European Court of Human Rights Third Section Decision as to the Admissibility of Application 43844/98 (2000) 12 IJRL 244–267. (noting that agreements for allocating responsibility for asylum seekers do not relieve a State Party to the ECHR of the responsibility to ensure that indirect removal of an asylum seeker will not give rise to Art. 3 violation).
Readings
Core
ECRE, ‘Sharing Responsibility for Refugee Protection in Europe: Dublin Reconsidered’, April 2008.
ECRE Summary report on the Application of the Dublin II Regulation in Europe, March 2006, AD2/3/2006/EXT/MH.
C. Filzweiler, ‘The Dublin Regulation vs the European Convention of Human Rights – A Non-Issue or a Precarious Legal Balancing Act?’ December 2006.
Justice, Asylum: Changing Policy and Practice in the UK, EU and Selected Countries (Justice, 2002), pp. 84–92.
Standing Committee Meijers, Proposal to Give Law Enforcement Authorities Access to Eurodac (to the European Commission), 6 November 2007 (Permanente commissie van deskundigen in internationaal vreemdelingen-vluchtelingen- en strafrecht).
Extended
E. Brouwer, ‘Eurodac: Its Temptations and Limitations’, European Journal of Migration and Law, vol. 4 (2002), pp. 231–247.
R. Byrne, ‘Harmonization and Burden Redistribution in the Two Europes’, Journal of Refugee Studies, vol. 16, no. 3 (2003), pp. 336–358.
E. Guild, ‘Unreadable Papers?’, in J. Lodge (ed.), Are You Who You Say You Are? The EU and Biometric Borders (Nijmegen: Wolf Legal Publishers, 2007), pp. 31–45.
E.R. Thielemann, ‘Between Interests and Norms: Explaining Burden-Sharing in the European Union’, Journal of Refugee Studies, vol. 16, no. 3 (2003), pp. 253–273.
EU Documents
Report from the Commission to the European Parliament and the Council on the evaluation of the Dublin system
Report from the Commission to the European Parliament and the Council on the evaluation of the Dublin system SEC (2007) 742, COM/2007/0299.
Commission of the European Communities, Commission Staff Working Paper 'Revisiting the Dublin Convention: developing Community legislation for determining which Member State is responsible for considering an application for asylum submitted in one of the Member States
Commission of the European Communities, Commission Staff Working Paper 'Revisiting the Dublin Convention: developing Community legislation for determining which Member State is responsible for considering an application for asylum submitted in one of the Member States': SEC (2000) 522.
EU Instruments
Dublin II Council Regulation
Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national OJ L 050 (25 February 2003) (Dublin II).
Commission Regulation for Implementing Dublin II Council Regulation
Commission Regulation (EC) No 1560/2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national OJ L 222 (5 September 2003).
Convention Determining the State Responsible for Examining Applications for Asylum Lodged in One of the Member States of the European Communities
Convention Determining the State Responsible for Examining Applications for Asylum Lodged in one of the Member States of the European Communities (signed Dublin 15 June 1990, entered into force 1 September 1997) OJ C254 1 (19 August 1997).
Council Regulation (EC) No 2725/2000 of 11 December 2000 Concerning the Establishment of 'Eurodac' for the Comparison of Fingerprints for the Effective Application of the Dublin Convention OJ L316, 15 December 2000
Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of the Dublin Convention OJ L316, 15 December 2000, 1.
Council Regulation (EC) 407/2002 of 28 February 2002 Laying Down Certain Rules to Implement Regulation (EC) 2725/2000 Concerning the Establishment of
Council Regulation (EC) No 407/2002 of 28 February 2002 laying down certain rules to implement Regulation (EC) No 2725/2000 concerning the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of the Dublin Convention OJ L62, 5 March 2002, 1.
Commission Communication Regarding the Implementation of Council Regulation (EC) No 2725/2000
Commission Communication Regarding the Implementation of Council Regulation (EC) No. 2725/2000, 'Eurodac'
UNHCR Documents
UNHCR, The Dublin II Regulation. A UNHCR Discussion Paper, April 2006.
UNHCR, The Dublin II Regulation. A UNHCR Discussion Paper, April 2006.
Position on the Return of Asylum-Seekers to Greece under the ‘Dublin Regulation’
UNHCR, Position on the Return of Asylum-Seekers to Greece under the ‘Dublin Regulation’, 15 April 2008.
Cases
Asylum and Immigration Tribunal, YI (Previous claims – Fingerprint match – EURODAC)
Asylum and Immigration Tribunal, YI (Previous claims – Fingerprint match – EURODAC) Eritrea [2007] UKAIT 00054.
Adan and Aitseguer; Regina v Secretary of State for the Home Department ex parte Adan; Regina v Secretary of State for The Home Department ex parte Aitseguer
UK Court of Appeal Adan and Aitseguer (1998) INLR 472; UK House of Lords Regina v Secretary of State for the Home department ex parte Adan; Regina v Secretary of State for The Home Department ex parte Aitseguer (Judgments of 19 December 2000) [2001] 2 WLR 143-169. (holding that Somali and Algerian asylum applicants could not be returned to France and Germany on safe third country grounds as both states do not grant protection to those in fear of non-state agent persecution)
TI v UK
European Court of Human Rights 2000 European Court of Human Rights Third Section Decision as to the Admissibility of Application 43844/98 (2000) 12 IJRL 244-267. (noting that agreements for allocating responsility for asylum seekers do not relieve a State Party to the ECHR of the responsibility to ensure that indirect removal of an asylum seeker will not give rise to Article 3 violation)
Readings
The Dublin Regulation vs the European Convention of Human Rights – A Non-Issue or a Precarious Legal Balancing Act?
C. Filzweiler, ‘The Dublin Regulation vs the European Convention of Human Rights – A Non-Issue or a Precarious Legal Balancing Act?’ December 2006.
Core
Sharing Responsibility for Refugee Protection in Europe: Dublin Reconsidered’
ECRE, ‘Sharing Responsibility for Refugee Protection in Europe: Dublin Reconsidered’, April 2008.
Summary report on the Application of the Dublin II Regulation in Europe
ECRE, ‘Summary report on the Application of the Dublin II Regulation in Europe’, March 2006.
Standing Committee Meijers, Proposal to Give Law Enforcement Authorities Access to Eurodac (to the European Commission),
Standing Committee Meijers, Proposal to Give Law Enforcement Authorities Access to Eurodac (to the European Commission), 6 November 2007 (Permanente commissie van deskundigen in internationaal vreemdelingen-vluchtelingen- en strafrecht).
Asylum: Changing Policy and Practice in the UK, EU and Selected Countries
Justice, Asylum: Changing policy and practice in the UK, EU and selected countries (Justice, 2002), 84-92.
Extended
Harmonization and Burden Redistribution in the Two Europes
R. Byrne, ‘Harmonization and Burden Redistribution in the Two Europes’, Journal of Refugee Studies, vol. 16, no. 3 (2003), pp. 336–358.
Unreadable Papers?
E. Guild, ‘Unreadable Papers?’, in J. Lodge (ed.), Are You Who You Say You Are? The EU and Biometric Borders (Nijmegen: Wolf Legal Publishers, 2007), pp. 31–45.
Eurodac: Its Temptations and Limitations
E. Brouwer, 'Eurodac: Its Temptations and Limitations' 4 2002 European Journal o | 
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