folder VI.2.4.1 Responsibility, including the Dublin System

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?

Can the Early Warning Mechanism in the recast Dublin III Regulation provide for more solidarity and fairer sharing of responsibility for asylum-seekers in the EU?

 

Main Points

Solidarity and ’fair sharing of responsibility’ for asylum and refugee protection in the EU

Allocating responsibility for determining asylum claims

Implementing Dublin without prior harmonization in asylum policies

Identity and data protection

 

Editor’s Note

An analysis of the Dublin rules should consider the following:

•Â Â Â  Are they compatible with the 1951 Geneva Convention and the ECHR?

•Â Â Â  What kind of disputes might arise as to how to interpret the Dublin II rules?

•Â Â Â  Is Dublin II a burden-shifting mechanism? What can be done to balance its impact on the EU’s external border States? 

 

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