Reform Of The Dublin System

Reform Of The Dublin System Presented by: Dr. Frumarová Date: 6 May 2024 Introduction - Based on data from UNHCR, all around the world there were: • 36.4 million refugees at mid-2023 and • 62.5 million internally displaced persons (due to conflict and violence) at the end of 2022 - Fact to consider: • at the end of 2021, less than 10% of all the world's refugees and only a fraction of internally displaced persons were living in the EU. • by the end of 2022, as a result of the war in Ukraine, the share of refugees living in the EU increased to more than 20%. - The share of refugees in the EU was 1.5% compared to its total population. • 2.25 million persons immigrated to the EU • 1.12 million persons emigrated from the EU Reform of the Dublin system - The Common European Asylum System (CEAS) plays a key role in regulating and coordinating Member States' practices in the area of migration and asylum. - The Dublin system is an important part of this, as it lays down the rules for determining which Member State is responsible for examining an application for international protection lodged by a third-country national in an EU Member State. - It is based on the principle that only one Member State is responsible for examining the application for asylum (the so-called "one-chance-only principle"), namely the one that played the biggest role in the applicant's entry and stay in the territory of the Member States - In this way, the Dublin system seeks to limit or even eliminate the phenomenon of 'forum shopping' or 'asylum shopping' - At the same time, the Dublin system is intended to avoid a situation known as 'refugee in orbit’ - In 2022, asylum seekers came from around 140 countries. - 958,800 applications, including 877,800 first time applications, were lodged in the EU in 2022, an increase of 52% in comparison to 2021, and of 37% than in 2019, before COVID. In the first seven months of 2023, 601,600 asylum applications (from which 556,200 first time applications) were lodged in the EU. This is 25% more than in the same period of 2022 - In 2022, 237,600 people seeking asylum were under 18 years old - around one in six of them (39,500) were unaccompanied children. Most of unaccompanied children came from Afghanistan, Syria and Somalia. - Most first time applications were lodged in: • Germany (217,700) • France (137,500) • Spain (116,100) • Austria (109,800) • Italy (77,200) - The Dublin system is not an achievement of recent years, on the contrary. - The idea underlying the current Dublin system became firmly established in the European area in the early 1990s. - However, its legal form, as well as its content, has changed over time, responding to the new needs of the European community as well as to problems, threats and events concerning international migration and asylum law. - It can therefore be concluded that the Dublin system was and is a continuously evolving set of legal instruments and measures. - Currently, its legal basis is Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and procedures 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 (the so-called Dublin III). Reform Of The Dublin System – Deficiencies - The system whereby the State of first arrival is most often responsible for the asylum application has placed a particular burden on coastal States (for example Greece or Italy). - The insufficient capacity of reception facilities and the congestion in these states, decision-making processes were prolonged, migrants stayed in inadequate conditions and, as a consequence, tried to travel illegally within the EU. - Dublin III does not generally take into account situations where a state is facing disproportionate pressure or is dealing with a sudden crisis. - Many Member States only inform applicants in general terms or the information is outdated. - As regards the family ties criterion, it was found that different Member States use substantially different evidence for these criteria. - Different practices were also found in the case of detention practices, - Although all States collectively introduced judicial remedies and set a reasonable time limit for lodging an appeal, the "reasonable time limit" varied considerably from one State to another The First Significant Attempt At Reform Was The 2016 Proposal For A So-Called Dublin IV - The main changes from Dublin III were to be as follows: • a) a mechanism for the collective redistribution of asylum seekers when a particular member state faces a disproportionate number of asylum applications, • b) greater safeguards for unaccompanied minors, broadening the definition of family member • c) preliminary examination (procedure): if it is found that the applicant comes from a so-called "safe third country" or has already applied for asylum in another country, he/she will be returned to them, • d) the obligation for the asylum seeker to remain in the Member State responsible for his/her application, • - e) shorter time limits for the various procedures in the asylum procedure. Dublin IV has not been adopted. The main problem was the disagreement between Member States on the mechanism for redistributing asylum seekers. 2020 - "New Pact on Migration and Asylum" - The aim: • To create a functioning legal framework for migration and asylum policy management, to increase the efficiency of the system and its resilience to migratory pressures. • To remove the factors that encourage migration and consequently secondary movements. • To combat abuses of the current system and better support the most affected EU States. - Although the European Commission stresses in the document that migration is part of human history and as such can contribute to growth, innovation and social dynamism, X - The final form is a rather restrictive compromise and an attempt to accommodate as far as possible all EU Member States, which have agreed only on the need to protect borders, to implement asylum procedures more quickly and to return migrants efficiently to their countries of origin. - The Pact is in the nature of a summary Communication (COM (2020) 609 final), a nonbinding explanatory document followed by a package of nine instruments. Reform Of The Dublin System - New Pact - Were and still are very difficult discussions within the EU, - The first successful step in the implementation of the Pact was the creation of the EU Asylum Agency (EUAA), which became operational in January 2022, replacing the European Asylum Support Office (EASO). - Significant progress in 2022 (for example the agreement of 21 states to implement a voluntary solidarity mechanism (containing various support measures) for one year - Further step towards successful implementation of the reforms was taken in mid-2023, when the EU Council reached agreement in June on key acts on asylum and migration. - Finally, and most recently, in December 2023, a key agreement between the EU Council and the European Parliament was announced, representing a major breakthrough towards a common EU migration management system. - The agreement covers five key proposals of the Pact: • Screening Regulation: Creating uniform rules concerning the identification of non-EU nationals upon their arrival, thus increasing the security within the Schengen area. • Eurodac Regulation: Developing a common database gathering more accurate and complete data to detect unauthorized movements. • Asylum Procedures Regulation: Making asylum, return and border procedures quicker and more effective. • Asylum Migration Management Regulation: Establishing a new solidarity mechanism amongst • Member States to balance the current system, where a few countries are responsible for the vast majority of asylum applications, and clear rules on responsibility for asylum applications. • Crisis and Force majeure Regulation: Ensuring that the EU is prepared in the future to face situations of crisis, including instrumentalization of migrants Proposed Changes To The Dublin System In The Context Of The New Pact On Migration And Asylum - The modifications proposed in relation to the Dublin rules are also very important: The Asylum and Migration Management Regulation (AMMR) should replace, once agreed, the current Dublin III regulation. - Dublin system sets out rules determining which member state is responsible for the examination of an asylum application. The AMMR will streamline these rules and shorten time limits. - To balance the current system whereby a few member states are responsible for the vast majority of asylum applications, a new solidarity mechanism is being proposed that is simple, predictable and workable. - The new rules combine mandatory solidarity with flexibility for member states as regards the choice of the individual contributions. - These contributions include relocation, financial contributions or alternative solidarity measures such as deployment of personnel or measures focusing on capacity building. - Member states have full discretion as to the type of solidarity they contribute. No member state will ever be obliged to carry out relocations. Conclusions - Will the new Pact, including the AMMR, really be a positive reform step? • It is certainly a major positive that a new migration pact is being created at all. • The New Pact opens the way to making migration management more effective and to greater mutual understanding within the EU. • The recognition of the need to carry out rescue operations at sea, the end of mandatory quotas for the reception of refugees, the prevention of criminalization of organizations and individuals helping refugees, the extension of the definition of family members, independent monitoring of respect for fundamental human rights at external borders, and an emphasis on the integration of asylum seekers