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EU: Statewatch Analysis: The revised ‘Dublin’ rules on responsibility for asylum-seekers: The Council’s failure to fix a broken system

01 April 2012

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EU: Statewatch Analysis: The revised ‘Dublin’ rules on responsibility for asylum-seekers: The Council’s failure to fix a broken system (pdf) by Steve Peers, Professor of Law, Law School, University of Essex:

"The Council appears to have little regard for the case law of the European Court of Human Rights or the EU’s Court of Justice, as regards the issue of suspending transfers in light of justified human rights concerns. Moreover, the Council clearly wishes to ‘jump the gun’ on a number of other issues pending before the Court of Justice as regards the Dublin rules (the humanitarian clause, the rules on unaccompanied minors, and the application of the reception conditions Directive to Dublin cases)....

the Council has not accepted either of the two remedies which the Commission had proposed to fix the Dublin system – the suspension of that system or the significant improvement of the rules relating to family members and vulnerable persons. It remains to be seen whether the EP is willing to recognise that the Dublin system is broken, and to demand that more serious steps be taken to fix it."

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