EIRP Proceedings, Vol 5 (2010)

Abstract

The transfer of responsibility between the States Parties to the Dublin Convention as amended by Regulation no. 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining  an asylum application lodged in one of the EU Member States by a citizen of a third country, plays an important role in stopping the phenomenon of "asylum shooping . However there are situations in which states should assume responsibility, under the sovereignty clause, governed by this community legislation. In some cases the authorities responsible for examining an asylum application in administrative phase should suspend the transfers, to the State believed to be responsible, until the reforms are implemented in that state, ensuring that appropriate levels of protection of human rights are met for the asylum seekers subjects of the transfer of responsibility between Member States.