Dublin Regulation

Dublin Regulation
source
Title	Dublin Regulation
Made by	European Council
Made under	Treaty on European Union
Date made	1990
Came into force	1997
Territory	European Union

Dublin Regulation is a European Union law that determines which EU member state is responsible for examining an asylum application. The regulation is based on the principle that the first EU member state where an asylum seeker arrives is responsible for processing their asylum claim, unless the applicant has a family member or residence permit in another EU member state. This regulation has been influenced by the Schengen Agreement and the Treaty of Amsterdam. The European Court of Human Rights has played a significant role in shaping the regulation through its judgments, including the M.S.S. v. Belgium and Greece case.

Introduction

The Dublin Regulation has been shaped by the European Convention on Human Rights and the Geneva Convention. The regulation aims to prevent asylum seekers from submitting multiple asylum applications in different EU member states, a practice known as asylum shopping. The European Commission has been responsible for proposing amendments to the regulation, which have been influenced by the United Nations High Commissioner for Refugees and the Council of Europe. The regulation has been implemented in conjunction with the Eurodac system, which allows EU member states to compare the fingerprints of asylum seekers.

History

The Dublin Regulation was first introduced in 1990, following the Schengen Agreement and the Single European Act. The regulation was initially signed by Belgium, Denmark, France, Germany, Greece, Italy, Luxembourg, Netherlands, Portugal, and Spain. The regulation came into force in 1997, after the Treaty of Amsterdam was signed. The European Parliament has played a significant role in shaping the regulation, with MEPs such as Manfred Weber and Ska Keller contributing to the debate. The regulation has been influenced by the European Court of Justice and the European Committee of Social Rights.

Provisions and Application

The Dublin Regulation sets out the criteria for determining which EU member state is responsible for examining an asylum application. The regulation prioritizes family ties, with the EU member state where a family member is residing or has been granted asylum being responsible for processing the application. The regulation also takes into account the residence permit or visa status of the asylum seeker. The European Asylum Support Office has been established to provide support to EU member states in implementing the regulation. The regulation has been influenced by the United Nations Convention against Torture and the International Covenant on Civil and Political Rights.

Criticisms and Controversies

The Dublin Regulation has been criticized by human rights organizations, including Amnesty International and Human Rights Watch, for leading to the detention and deportation of asylum seekers to countries with poor human rights records. The regulation has also been criticized for placing a disproportionate burden on EU member states with external borders, such as Greece and Italy. The European Ombudsman has investigated complaints regarding the implementation of the regulation, including a complaint by the European Council on Refugees and Exiles. The regulation has been influenced by the Lisbon Treaty and the Stockholm Programme.

Reforms and Amendments

The Dublin Regulation has undergone several reforms and amendments, including the introduction of the Dublin III Regulation in 2013. The reforms have aimed to improve the efficiency and fairness of the regulation, including the introduction of a relocation mechanism for asylum seekers. The European Commission has proposed further reforms, including the introduction of a permanent relocation mechanism. The regulation has been influenced by the European Agenda on Migration and the Valletta Summit on Migration. The International Organization for Migration has provided support to EU member states in implementing the regulation.

Implementation and Statistics

The implementation of the Dublin Regulation has been monitored by the European Commission and the European Asylum Support Office. The regulation has been implemented in conjunction with the Eurodac system, which has allowed EU member states to compare the fingerprints of asylum seekers. The European Union Agency for Fundamental Rights has published reports on the implementation of the regulation, including a report on the detention of asylum seekers. The regulation has been influenced by the Frontex agency and the European Border and Coast Guard Agency. The United Nations High Commissioner for Refugees has provided support to EU member states in implementing the regulation, including through the UNHCR's Bureau for Europe. Category:European Union law