Since 2015 on, the EU is facing an unprecedented humanitarian crisis as it struggles with a massive influx of displaced persons seeking for international protection (refugee and subsidiary protection status) or a better life (migrants). The crisis also created harsh political tensions among Member States which challenge the functioning of the Schengen system. Until 2015, accepted general principles of EU law concerning responsibility for examining applications for international protection and coping with emergency situations characterised by sudden inflows of third-country nationals were respectively laid down by Regulation (EU) No 604/2013 (Dublin Regulation) and Council Directive 2001/55/EC (Displaced persons Directive). Upon Dublin Regulation, the first country of entry of displaced persons was required to deal with asylum applications while, upon Displaced persons Directive, relocation of third-country nationals from the Member State of entry to other Member States was depending on ‘a spirit of Community solidarity’ and a voluntary basis. The latest crisis persuaded EU Institutions and some Member States that a fundamental change in the way EU law deals with asylum applications and mass influxes is now needed. Along with two provisional ad hoc measures, a proposal establishing a permanent crisis relocation mechanism on a mandatory basis to be applied in all situations of crisis was already tabled and the possibility to revise the Dublin Regulation by suppressing the first-country of entry criteria and instead introducing the relocation principle in all circumstances is presently discussed. Moreover, the choice of the Member State of relocation should not be random. Specific account should be given to the ‘specific qualifications and characteristics of the applicants’ for international protection as well as to the ‘preferences for applicants’ indicated by the Member State of relocation. The future EU approach towards migration and humanitarian crisis might therefore be very different from the present one. Relocation and fairer distribution among Member States should be the ordinary framework. Member States would have stricter obligations and applicants for international protection would no longer be treated as ‘numbers’ but persons. The paper will examine and discuss the on-going process of revision of the EU legal and political approach towards migration and refugee crisis
Managing the Refugee Crisis by Revising the Dublin System
BARGIACCHI, PAOLO
2016-01-01
Abstract
Since 2015 on, the EU is facing an unprecedented humanitarian crisis as it struggles with a massive influx of displaced persons seeking for international protection (refugee and subsidiary protection status) or a better life (migrants). The crisis also created harsh political tensions among Member States which challenge the functioning of the Schengen system. Until 2015, accepted general principles of EU law concerning responsibility for examining applications for international protection and coping with emergency situations characterised by sudden inflows of third-country nationals were respectively laid down by Regulation (EU) No 604/2013 (Dublin Regulation) and Council Directive 2001/55/EC (Displaced persons Directive). Upon Dublin Regulation, the first country of entry of displaced persons was required to deal with asylum applications while, upon Displaced persons Directive, relocation of third-country nationals from the Member State of entry to other Member States was depending on ‘a spirit of Community solidarity’ and a voluntary basis. The latest crisis persuaded EU Institutions and some Member States that a fundamental change in the way EU law deals with asylum applications and mass influxes is now needed. Along with two provisional ad hoc measures, a proposal establishing a permanent crisis relocation mechanism on a mandatory basis to be applied in all situations of crisis was already tabled and the possibility to revise the Dublin Regulation by suppressing the first-country of entry criteria and instead introducing the relocation principle in all circumstances is presently discussed. Moreover, the choice of the Member State of relocation should not be random. Specific account should be given to the ‘specific qualifications and characteristics of the applicants’ for international protection as well as to the ‘preferences for applicants’ indicated by the Member State of relocation. The future EU approach towards migration and humanitarian crisis might therefore be very different from the present one. Relocation and fairer distribution among Member States should be the ordinary framework. Member States would have stricter obligations and applicants for international protection would no longer be treated as ‘numbers’ but persons. The paper will examine and discuss the on-going process of revision of the EU legal and political approach towards migration and refugee crisisI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
