Regulation 604/2013 (Dublin Regulation) and asylum procedures in Europe: Implementation Appraisal

This briefing is one in a series of 'Implementation Appraisals' on the operation of existing EU legislation in
practice. Each such briefing focuses on a specific EU law which is likely to be amended or reviewed, as foreseen in the European Commission's Annual Work Programme.

Implementation Appraisals aim to provide a succinct overview of material publicly available on the implementation, application and effectiveness of an EU law to date – drawing on available input from the EU institutions and external
organisations. They are provided to assist parliamentary committees in their consideration of the new proposals, once tabled.The review of the implementation of the Dublin legislation shows that the weaknesses identified since its inception remain, i.e. most of the transfers agreed by Member States (MS) under the Dublin system do not take place. It is also unclear whether the system has had any effect on secondary movement which has remained at around 15%.

As long as differences between MS asylum processes and socio-economic conditions remain, and as long as MS continue to centre their concerns on the national impact of migration, the Dublin system on its own is unlikely to work. In the absence of more detailed information on how the re-distribution mechanism suggested by the European Commission would work in practice, it is difficult to assess whether the proposals would effectively address the shortcomings of the Dublin system.

• Primary Source

EP: EPRS: Briefing: EU Legislation in Progress http://epthinktank.eu/eu-legislation-in-progress/

ESO: Background information: Proposal for a Regulation of the European Parliament and of the Council establishing a crisis relocation mechanism and amending Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third country national or a stateless person http://www.europeansources.info/record/proposal-for-a-regulation-of-the-european-parliament-and-of-the-council-establishing-a-crisis-relocation-mechanism-and-amending-regulation-eu-no-604-2013-of-the-european-parliament-and-of-the-counci/

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