What Is the Dublin Agreement

13 Jul What Is the Dublin Agreement

The Dublin Agreement: Understanding the European Asylum System

The Dublin Agreement, also known as the Dublin Regulation, is a European Union law that determines which EU member state is responsible for processing an asylum claim. It was established in 1990 under the Dublin Convention and has been revised multiple times since, with the latest version being the Dublin III Regulation, which came into effect in 2013.

The purpose of the Dublin Agreement is to prevent asylum seekers from filing multiple applications in different countries, known as ‘asylum shopping,’ which can lead to a backlog of asylum claims and a strain on resources. The agreement establishes that the first EU member state in which an asylum seeker arrives should be responsible for reviewing their case.

The Dublin Agreement is based on three core principles. First, the principle of the responsible member state states that the country where an asylum seeker first arrives is responsible for processing their application. Second, the principle of family unity stipulates that asylum seekers should be able to reunite with their family members who are already in an EU member state. Third, the principle of humanitarian considerations allows for a member state to take responsibility for an asylum application if there are special circumstances, such as humanitarian or medical reasons.

The Dublin Agreement has been criticized for putting an unfair burden on countries such as Italy and Greece, which are the primary entry points for asylum seekers entering Europe. These countries often struggle to process the large numbers of applications they receive and face challenges in providing adequate support and resources for asylum seekers.

The Dublin Agreement has also faced legal challenges. In 2017, the European Court of Justice ruled that member states cannot automatically send asylum seekers back to the country of first entry if they face risks of inhumane treatment or breaches of their fundamental rights.

The European Union has attempted to address some of the shortcomings of the Dublin Agreement through various measures. For example, the European Asylum Support Office was established to help member states manage and process asylum applications. The EU has also introduced a system of relocation, whereby asylum seekers can be relocated from countries with a high number of asylum applications to other EU member states.

In conclusion, the Dublin Agreement is a crucial part of the European asylum system, serving to prevent asylum shopping and establish clear guidelines for the processing of asylum claims. While it has faced criticisms and challenges, it remains an important aspect of the EU’s approach to asylum and migration.