EIRP Proceedings, Vol 6 (2011)
Practice Problems Concerning the Decision to Grant Access to Asylum in Romania under the "Dublin II" Regulation
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.
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.
References
Full Text: PDF
Refbacks
- There are currently no refbacks.
This work is licensed under a Creative Commons Attribution 4.0 International License.
