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*The Dublin Regulation : A Critical Examination of a Troubled System* ❝Introduction The protection…

The Dublin Regulation: A Critical Examination of a Troubled System


The protection of refugees and asylum seekers has been a binding international responsibility since the early 1950s with the introduction of the Geneva Convention Relating to the Status of Refugees of 1951.[1] “Any person who [...] owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion”,[2] has, inter alia, a right under the Convention to be granted international protection in the signatory states. While the Refugee Convention dates back to the middle of the 20th century it was only in the 1980s[3] and 1990s[4] that asylum and refugee matters were addressed within the EU. In the last 23 years, Europe has seen the Dublin Convention grow into the Dublin II Regulation (DR II) and finally develop into the Dublin III Regulation (DR III) without seeing any significant improvement for balancing asylum seekers protection and Member States’ (MS) burden. This article will establish that the EU has failed to provide a fair mechanism for determining MS responsibility for examining asylum claims, and hence has made the entire asylum system in the EU dysfunctional and debatably not in line with international standards of refugee protection.

#Dublin #réfugiés #asile #migration

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