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The Future of the Common European Asylum System:

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Marie Osthues

on 22 September 2014

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Transcript of The Future of the Common European Asylum System:

The Future of the Common European Asylum System:
The disgrace of a Regulation
Dublin II and III by comparison


Bachelor Paper by Marie Sophie Osthues (s1192701)
Supervised by: Dr. M. R. R. Ossewaarde
Co-Supervised by: Prof. Dr. Sawitri Saharso

Enschede, 19th September 2014
Table of contents
Introduction
The Common European Asylum System (CEAS) and its tensions: The Dublin II Regulation
Methodology
Research Design
Data collection
Operationalization and rating
Dublin II and Dublin III by comparison
Conclusion
Introduction
since 2011, massive influx of asylum-seeker to the European community

internal and external criticism on CEAS as dysfunctional, fragmented and not tenable

failure of system attributable to one component: the Dublin Regulation II
The CEAS and its tensions: The Dublin II Regulation
The CEAS
set of five Regulations and Directives
designed to harmonize national asylum legislation and to foster cooperation
Reception Conditions Directive, Asylum Qualification Directive, Asylum Procedure Directive, EURODAC Regulation, Dublin Regulation II (now Dublin III Regulation)
Tensions of the CEAS
The Dublin Regulation II
determines the state responsible for the examination of an asylum claim
largely disproportionate system
Two major shortcomings:
lack of shared responsibility between Member States and
lack of burden-sharing between Member States
The lack of multinational shared responsibility
pressure on external bordering states
no equal distribution of responsibility under the Dublin II Regulation

Three potential motivations for Member States to cooperate:
1. European Integration
2. more protection of the asylum-seeker
3. elimination of collective free-riding incentives
The lack of an efficient burden-sharing mechanism
no equal distribution of the burden (asylum-seekers) under the Dublin II Regulation
one-dimensional burden-sharing:
mandatory basis (quotas, policy harmonization)
voluntary basis (requesting alleviation)

multi-dimensional burden-sharing:
agency
pro-active measures
re-active measures
Methodology
Lack of solidarity and

lack of cooperation


Research Question
What are the potentials of Dublin III remedying the failure of Dublin II and contribute to a well-functioning CEAS by increasing burden-sharing and shared responsibility?
Sub-questions:
(1) How can shared responsibility and burden-sharing be conceptualized?

(2) How can the two regulations, Dublin II and III be measured?

(3) What are the most influential features of shared responsibility and
burden-sharing?

1.
Research Design:

Comparative Policy Analysis
2. Data collection:
Online database EUR-lex: Dublin II and Dublin III
3. Operationalization
Features Keywords
1. Transfers "Transfer"

2. state of first entry criteria "first"

3. Voluntary basis "voluntary", "binding"

4. Sharing costs "costs", "fund/funding", "compensation"
4. Rating
0/4 - failed
1/4 - failed
2/4 - failed
3/4 - serious attempt
4/4 - succeded
Dublin II and Dublin III by comparison
1. Feature: Transfers
Recital 24
(Dublin III)
"transfers to the Member State responsible for examining an application for international protection may be carried out on a voluntary basis”
Article 27
(27.3 b/c and 27.4)
(Dublin III)
right to appeal against transfer decision

right to appeal against a court decision
Article 29.3
(Dublin III)
obligation to take back asylum-seeker in case of an erroneous transfer
and
“Member States should promote voluntary transfers”
not realized
2. Feature: state of first entry criteria
Article 5.2 and 7.2
(Dublin II & III)
"The Member State responsible [...] shall be determined on the basis of the situation obtaining when the applicant first lodged his or her application for international protection with a Member State
Article 20.5
(Dublin III)
the MS of first entry must take back applicant in case he/she has been identified in another MS without residence documents

BUT:

right to appeal (Article 27 of Dublin III)
Article 3.2
(Dublin III)
consideration of national flaws in an asylum system of a MS
realized
3. Feature: Voluntary Basis
Recital 24
(Dublin III)
"transfers to the Member State responsible for examining an application for international protection may be carried out on a voluntary basis”
“This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties”
and
“Member States should promote voluntary transfers”
realized
4. Feature. Sharing costs
Article 30
(Dublin III)
the costs of the transfer shall be incurred by the transferring Member State
not realized
Rating
two of the four features could be realized

the Dublin III Regulations cannot be considered as a remedy to the failures promoted in Dublin II and hence also not as a contribution to the future of the Common European Asylum System
Conclusion
many flaws not promoted by Dublin Regulation but by MSs through non-compliance

state of first entry criteria should be banned

future of the CEAS dependent on the build-up of solidarity and cooperation by MSs


presidency of Italy in the Council of the European Union

uniform asylum status
Full transcript