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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
ID and Data Protection
EU Documents
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': SEC (2000) 522.
Commission of the European Communities, Commission Staff Working Paper ‘First annual report to the Council and the European Parliament on the activities of the EURODAC’, SEC (2004) 557.
EU Instruments
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).
Decision No 1/97 of 9 September 1997 of the Committee set up by Article 18 of the Dublin Convention of 15 June 1990, concerning provisions for the implementation of the Convention OJ L281, 14 October 1997, 1-25.
Decision No 2/97 of 9 September 1997 of the Committee set up by Article 18 of the Dublin Convention of 15 June 1990, establishing the Committee's Rules of Procedure OJ L281, 14 October 1997, 26.
Decision 1/98 of the Article 18 Committee of the Dublin Convention, concerning provisions for the implementation of the Convention OJ L196, 14 July 1998.
Decision No 1/2000 of 31 October 2000 of the Committee set up by Article 18 of the Dublin Convention concerning the transfer of responsibility for family members in accordance with Article 3(4) and Article 9 of that Convention OJ L281, 7 November 2000, 1.
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 Regulation (EC) No 2725/2000, 'Eurodac' Agreement between the European Community and the Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Iceland or Norway, 2001.
Council Regulation (EC) 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement, amended by Regulation (EC) 453/2003 of 6 March 2003 - consolidated version.
Council Directive 8043/04 of 27 April 2004 on minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection and content of the protection granted.
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)
Core
G. Noll, ‘Formalism vs Empiricism: Some Reflections on the Dublin Convention on the Occasion of Recent European Case Law’, Nordic Journal of International Law, vol. 70, nos. 1–2 (2001), pp. 161–182.
ECRE, ‘Summary report on the Application of the Dublin II Regulation in Europe’, March 2006.
Justice, Asylum: Changing policy and practice in the UK, EU and selected countries (Justice, 2002), pp. 84–92.
Extended
H. Battjes, ‘A Balance between Fairness and Efficiency? The Directive on International Protection and the Dublin Convention’, European Journal of Migration and Law, vol. 4, no. 2 (2002), pp. 159–192.
M. Bell, ‘Mainstreaming equality norms into European Union asylum law’, European Law Review, vol. 20, no. 1 (2001), pp. 20–34.
U. Brandl, ‘Judicial Consideration of the Dublin Convention’, in P. de Bruycker and C. de Sousa (eds), Immigration and Asylum in the European Union (Brussels: Bruylant, 2003).
E. Brouwer, ‘Eurodac: Its Temptations and Limitations’, European Journal of Migration and Law, vol. 4, no. 2 (2002), 4, pp. 231–247.
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.
First annual report to the Council and the European Parliament on the activities of the EURODAC
Commission Staff Working Paper 'First annual report to the Council and the European Parliament on the activities of the EURODAC' SEC (2004) 557.
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).
Decision No 1/97 of 9 September 1997 of the Committee set up by Article 18 of the Dublin Convention of 15 June 1990, concerning provisions for the implementation of the Convention
Decision No 1/97 of 9 September 1997 of the Committee set up by Article 18 of the Dublin Convention of 15 June 1990, concerning provisions for the implementation of the Convention OJ L281, 14 October 1997, 1-25.
Decision No 2/97 of 9 September 1997 of the Committee set up by Article 18 of the Dublin Convention of 15 June 1990, establishing the Committee
Decision No 2/97 of 9 September 1997 of the Committee set up by Article 18 of the Dublin Convention of 15 June 1990, establishing the Committee's Rules of Procedure OJ L281, 14 October 1997, 26.
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.
Decision 1/98 of the Article 18 Committee of the Dublin Convention, Concerning Provisions for the Implementation of the Convention
Decision 1/98 of the Article 18 Committee of the Dublin Convention, concerning provisions for the implementation of the Convention OJ L196, 14 July 1998.
Decision No 1/2000 of 31 October 2000 of the Committee Set up by Article 18 of the Dublin Convention Concerning the Transfer of Responsibility for Family Members in Accordance with Article 3(4) and Article 9 of that Convention
Decision No 1/2000 of 31 October 2000 of the Committee set up by Article 18 of the Dublin Convention concerning the transfer of responsibility for family members in accordance with Article 3(4) and Article 9 of that Convention OJ L281, 7 November 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.
Agreement between the European Community and the Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum
Agreement between the European Community and the Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Iceland or Norway, 2001
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'
Council Regulation (EC) No 539/2001 of 15 March 2001 Listing the Third Countries whose Nationals Must be in Possession of Visas when Crossing the External Borders and those whose Nationals are Exempt from that Requirement
Council Regulation (EC) 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement, amended by Regulation (EC) 453/2003 of 6 March 2003 - consolidated version.
Council Directive on minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection and content of the protection granted
Council Directive 2004/83 of 29 April 2004 on minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection and content of the protection granted.
Cases
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
Core
Formalism vs Empiricism: Some Reflections on the Dublin Convention on the Occasion of Recent European Case Law
G. Noll, 'Formalism vs Empiricism: Some Reflections on the Dublin Convention on the Occasion of Recent European Case Law' (2001) 70 (1-2) Nordic Journal of International Law 161-182.
Reproduced with the kind permission of Brill Academic Publisher. (c) 2001 Kluwer Law International.
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.
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
A Balance between Fairness and Efficiency? The Directive on International Protection and the Dublin Convention
H. Battjes, 'A Balance between Fairness and Efficiency? The Directive on International Protection and the Dublin Convention' (2002) 4 European Journal of Migration and Law 159-192.
Mainstreaming equality norms into European Union asylum law
M. Bell, 'Mainstreaming equality norms into European Union asylum law' (2001) 20 European Law Review 20–34.
Judicial Consideration of the Dublin Convention
U. Brandl, 'Judicial Consideration of the Dublin Convention' in P. de Bruycker and C. de Sousa (eds.), Immigration and Asylum in the European Union (Brussels: Bruylant, 2003).
Eurodac: Its Temptations and Limitations
E. Brouwer, 'Eurodac: Its Temptations and Limitations' 4 2002 European Journal of Migration and Law 231-247.
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