Dublin Convention
Encyclopedia
The Dublin Regulation is a European Union (EU) law
that determines the EU Member State
responsible to examine an application for asylum seekers
seeking international protection
under the Geneva Convention and the EU Qualification Directive, within the European Union
. It is the cornerstone of the Dublin System, which consists of the Dublin Regulation and the EURODAC Regulation, which establishes a Europe-wide fingerprinting database for unauthorised entrants to the EU. The Dublin Regulation aims to “determine rapidly the Member State responsible [for an asylum claim]” and provides for the transfer of an asylum seeker to that Member State. Usually, the responsible Member State will be the state through which the asylum seeker first entered the EU.
The Dublin Regulation was adopted in 2003, ostensibly replacing the Dublin Convention. The Dublin Convention was signed in Dublin, Ireland on 15 June 1990, and first came into force on 1 September 1997 for the first twelve signatories (Belgium
, Denmark
, France
, Germany
, Greece
, Ireland
, Italy
, Luxembourg
, the Netherlands
, Portugal
, Spain
and the United Kingdom
), on 1 October 1997 for Austria
and Sweden
, and on 1 January 1998 for Finland
. Recently, the treaty has been extended to some countries outside the Union, such as Norway
and Iceland
. Switzerland
has become a signatory to the Regulation and on 5 June 2005 voted by 54.6% to ratify it; it came into effect on 12 December 2008.
On 3 December 2008, the European Commission proposed amendments to the Dublin Regulation, creating an opportunity for reform of the Dublin System.
and UNHCR the current system fails in providing fair, efficient and effective protection. It has been demonstrated on a number of occasions both by ECRE and UNHCR, that the regulation impedes the legal rights and personal welfare of asylum seekers, including the right to a fair examination of their asylum claim and, where recognized, to effective protection, as well as the uneven distribution of asylum claims among Member States.
Application of this regulation can seriously delay the presentation of claims, and can result in claims never being heard. Causes of concern include the use of detention to enforce transfers of asylum seekers from the state where they apply to the state deemed responsible, also known as Dublin transfers, the separation of families and the denial of an effective opportunity to appeal against transfers. The Dublin system also increases pressures on the external border regions of the EU, where the majority of asylum seekers enter EU and where states are often least able to offer asylum seekers support and protection.
After ECRE, the UNHCR and other non-governmental organisations openly criticized Greece's asylum system, including the lack of protection and care for unaccompanied children, several countries suspended transfers of asylum seekers to Greece under the Dublin II regulation. Norway announced in February 2008 it would stop transferring any asylum seeker back to Greece under the Dublin II regulation. In September, it backtracked and announced that transfers to Greece would be based on individual assessments. In April 2008 Finland announced a similar move. Germany and Sweden have limited the suspension of transfers to unaccompanied children only.
The regulation is also criticized by the Council of Europe Commissioner for Human Rights
as undermining refugee rights.
The European Court of Human Rights
in the case M.S.S. v Belgium and Greece, judged on 21 January 2011 that both the Greek and the Belgian governments violated the European Convention on Human Rights
when applying the EU law on asylum seekers and were given fines to the tune of some €6,000 and €30,000, respectively.
European Union law
European Union law is a body of treaties and legislation, such as Regulations and Directives, which have direct effect or indirect effect on the laws of European Union member states. The three sources of European Union law are primary law, secondary law and supplementary law...
that determines the EU Member State
Member State of the European Union
A member state of the European Union is a state that is party to treaties of the European Union and has thereby undertaken the privileges and obligations that EU membership entails. Unlike membership of an international organisation, being an EU member state places a country under binding laws in...
responsible to examine an application for asylum seekers
Refugee
A refugee is a person who outside her country of origin or habitual residence because she has suffered persecution on account of race, religion, nationality, political opinion, or because she is a member of a persecuted 'social group'. Such a person may be referred to as an 'asylum seeker' until...
seeking international protection
Right of asylum
Right of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries...
under the Geneva Convention and the EU Qualification Directive, within the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
. It is the cornerstone of the Dublin System, which consists of the Dublin Regulation and the EURODAC Regulation, which establishes a Europe-wide fingerprinting database for unauthorised entrants to the EU. The Dublin Regulation aims to “determine rapidly the Member State responsible [for an asylum claim]” and provides for the transfer of an asylum seeker to that Member State. Usually, the responsible Member State will be the state through which the asylum seeker first entered the EU.
The Dublin Regulation was adopted in 2003, ostensibly replacing the Dublin Convention. The Dublin Convention was signed in Dublin, Ireland on 15 June 1990, and first came into force on 1 September 1997 for the first twelve signatories (Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
, Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, Greece
Greece
Greece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe....
, Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
, Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
, Luxembourg
Luxembourg
Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
, the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
, Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
and the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
), on 1 October 1997 for Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
and Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
, and on 1 January 1998 for Finland
Finland
Finland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside...
. Recently, the treaty has been extended to some countries outside the Union, such as Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
and Iceland
Iceland
Iceland , described as the Republic of Iceland, is a Nordic and European island country in the North Atlantic Ocean, on the Mid-Atlantic Ridge. Iceland also refers to the main island of the country, which contains almost all the population and almost all the land area. The country has a population...
. Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
has become a signatory to the Regulation and on 5 June 2005 voted by 54.6% to ratify it; it came into effect on 12 December 2008.
On 3 December 2008, the European Commission proposed amendments to the Dublin Regulation, creating an opportunity for reform of the Dublin System.
Objectives
One of the principal aims of the Dublin Regulation is to prevent an applicant from submitting applications in multiple Member States. Another aim is to reduce the number of "orbiting" asylum seekers, who are shuttled from member state to member state. However since the country that a person first arrived in is responsible for dealing with the application, this puts excessive pressure on border areas, where states are often least able to offer asylum seekers support and protection. Currently, those being transferred under Dublin are not always able to access an asylum procedure. This puts people at risk of being returned to persecution.Criticism
According to European Council on Refugees and Exiles (ECRE)European Council on Refugees and Exiles
The European Council on Refugees and Exiles is a pan-European network of refugee-assisting non-governmental organisations that promotes a humane and generous European asylum policy...
and UNHCR the current system fails in providing fair, efficient and effective protection. It has been demonstrated on a number of occasions both by ECRE and UNHCR, that the regulation impedes the legal rights and personal welfare of asylum seekers, including the right to a fair examination of their asylum claim and, where recognized, to effective protection, as well as the uneven distribution of asylum claims among Member States.
Application of this regulation can seriously delay the presentation of claims, and can result in claims never being heard. Causes of concern include the use of detention to enforce transfers of asylum seekers from the state where they apply to the state deemed responsible, also known as Dublin transfers, the separation of families and the denial of an effective opportunity to appeal against transfers. The Dublin system also increases pressures on the external border regions of the EU, where the majority of asylum seekers enter EU and where states are often least able to offer asylum seekers support and protection.
After ECRE, the UNHCR and other non-governmental organisations openly criticized Greece's asylum system, including the lack of protection and care for unaccompanied children, several countries suspended transfers of asylum seekers to Greece under the Dublin II regulation. Norway announced in February 2008 it would stop transferring any asylum seeker back to Greece under the Dublin II regulation. In September, it backtracked and announced that transfers to Greece would be based on individual assessments. In April 2008 Finland announced a similar move. Germany and Sweden have limited the suspension of transfers to unaccompanied children only.
The regulation is also criticized by the Council of Europe Commissioner for Human Rights
Commissioner for Human Rights
The Commissioner for Human Rights is an independent institution within the Strasbourg-based Council of Europe, mandated to promote the awareness of and respect for human rights in member states...
as undermining refugee rights.
The European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
in the case M.S.S. v Belgium and Greece, judged on 21 January 2011 that both the Greek and the Belgian governments violated the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
when applying the EU law on asylum seekers and were given fines to the tune of some €6,000 and €30,000, respectively.
External links
- Logics of Decision-making on Community Asylum Policy: A Case Study of the Evolvement of the Dublin II Regulation University of Oslo: ARENA Working Paper 03/2006
- Text of the Dublin Convention
- Text of the Dublin II 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
- European Council on Refugees and Exiles's (ECRE) position on the Dublin Regulation
- Fact sheet from the Irish Refugee Council
- Factsheet on "Dublin" cases before the European Court of Human Rights