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Arkiveringsdatum 211006:

ECRE 21-10-06:

AIDA Report: Dublin III Implementation in 2020 till sidans topp

The latest statistical report by AIDA, managed by ECRE, provides an update on developments in legislation, policy and practice relating to the application of the Dublin III Regulation in 2020.

On 23 September 2020, the European Commission tabled its proposal for a Regulation on Asylum and Migration Management (RAMM) which aims to replace the Dublin III Regulation. Although it does introduce new corrective solidarity mechanisms, the proposal fails to fundamentally change the system and preserves the same responsibility allocation principles. These rules have been a significant source of conflict among Member States since the establishment of the Common European Asylum System (CEAS). One year later, progress in the negotiations is limited. The latest Council document leaked by Statewatch confirms persisting disagreements of Member States on the RAMM, while the impact assessment published by the European Parliament demonstrates that the proposal reproduces the inadequate understanding of solidarity by the Member States.

In the meantime, the Dublin III Regulation remains the applicable legal framework for determining which Member State is responsible for an application for international protection. ECRE's report demonstrates that the low number of transfers, the disregard for the family provisions, and other implementation gaps documented in 2020 continue to call into question the operability of the current Dublin system - and of any new system based on the same principles.

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Arkiveringsdatum 210314:

ECRE 21-03-02:

The management regulation: giving with one hand, taking back with the other till sidans topp

This Policy Note offers ECRE's assessment and recommendations in relation to the Regulation on asylum and migration management (RAMM)

In September 2020, the European Commission (the Commission) presented a New Pact on Migration and Asylum (the Pact). It aims to develop a comprehensive approach to external borders, asylum and return, the Schengen area of free movement and external policies. The Pact was presented along with a set of legislative proposals, including the Regulation on asylum and migration management (RAMM). The RAMM is the central proposal in the Pact and aims to provide a common framework to relaunch the Common European Asylum System (CEAS) and promote mutual trust between Member States.

There are also implications for relations with third countries: ECRE considers it unfortunate that the most important proposal on asylum in Europe starts with a section on responsibilities of non-EU countries. Unfortunately, the RAMM tries to do too many things, whilst still leaving unchecked many of the underlying problems it inherits; it provides a series of measures to compensate for other failures, with the Commission as arbiter. Despite being a Regulation, the RAMM also leaves a wide margin of discretion for Member States (and the Commission) concerning implementation, so its impact is difficult to predict. It could be implemented in a way that improves respect for fundamental rights or in a way that considerably reduces protection space in Europe. Given some Member States' current practices, there are clear dangers of new or continued violations of EU and international law.

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Se även:

ECRE 21-03-02: ECRE Policy Note: Alleviating or Exacerbating Crises? The Regulation on Crisis and Force Majeure (Extern länk)

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Arkiveringsdatum 201207:

EU-parlamentet 20-12-01:

MEPs call for more solidarity among EU member states till sidans topp

Current rules do not ensure fair distribution of responsibility among member states

Frontline countries bear a disproportionate burden in terms of registration and reception of asylum-seekers

In the absence of a reform, more resources must be channelled to frontline member states

The Dublin Regulation does not share responsibility fairly among member states nor secure swift access to asylum procedures, say Civil Liberties Committee MEPs.

In a draft resolution to assess the functioning of the law that determines the member state which has to deal with an asylum application, the committee notes that the 2013 Dublin III Regulation puts a "disproportionate responsibility on a minority of member states, in particular when high numbers of arrivals occur". MEPs call for a solidarity-based mechanism to ensure the fundamental right to asylum in the EU and the equal distribution of responsibility among member states.

The inappropriate application of the hierarchy of criteria - in particular the excessive use of the first country of entry criterion - and the ineffective implementation of transfers increase pressure on certain countries, namely Greece, Italy, Malta, Cyprus, and Spain, according to the committee, which asks for fairer rules.

MEPs regret that Council, contrary to Parliament, did not adopt a position on the 2016 proposal to reform the Dublin Regulation, thereby blocking that reform and leaving the Union with the "same set of rules which have proven to be ineffective" in managing high numbers of arrivals. They insist that ad hoc agreements on relocation cannot replace a harmonized and sustainable Common European and Asylum System and demand more resources and capabilities for frontline member states as long as the Dublin rules are not reformed.

The non-legislative text was approved with 45 votes to 10 and 13 abstentions. It will be put to the vote by the full House during the next plenary session.

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Arkiveringsdatum 200913:

ECRE 20-08-28:

Dublin III Regulation in 2019 and During COVID-19: Different figures, Same Conclusions till sidans topp

ECRE's report on the implementation of the Dublin III Regulation in 2019 and the first half of 2020 demonstrates that the European Union's rules on allocation of responsibility are not functioning in practice, resulting in unnecessary, lengthy, and costly procedures both for asylum authorities and applicants for international protection who are left in a prolonged state of limbo, face reduced standards and at are risk of human rights violations.

Based on current practices, case-law and up-to-date statistics from 29 European countries, this report provides an overview of developments relating to the application of the Dublin III Regulation. It indicates that nearly one in three asylum seekers is subject to a Dublin procedure in countries which have received a significant number of applicants in 2019 such as Germany, France, Belgium, the Netherlands or Switzerland. Yet, the number of persons being actually transferred remains low. More than half the countries covered in the report have a transfer rate below 30%. In Belgium, less than one in ten people channelled into the Dublin procedure is transferred to another European country in practice. Reasons for that are various, such as administrative hurdles and delays; practical obstacles resulting from health and security risks; and the incorrect application of the Dublin criteria. Many Member States continue to trigger requests on the ground of irregular entry and issue 'take back' requests to countries with low or insufficient reception capacity and an asylum system that is under pressure, ultimately making the transfer impossible. At the same time, the number of cases in which countries become responsible by default due to non-compliance with the transfer deadline of 6 months has continued to increase significantly; reaching at least 14,000 cases in 2019 - far more than the 2,000 cases registered in 2015.

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Arkiveringsdatum 190415:

ECRE 19-04-05:

The Implementation of the Dublin III Regulation in 2018 till sidans topp

ECRE has published a report providing an overview of developments in legislation, policy and practice relating to the application of the Dublin III Regulation, based on current practice, case law and up-to-date statistics from 21 European countries.

Germany and France continued to spearhead the Dublin system. In 2018, the two Member States issued 54,910 and 45,760 outgoing Dublin requests respectively. These figures indicate that nearly one in three asylum seekers in Germany and France were subject to a Dublin procedure. However, more than four out of five Dublin procedures in these countries failed to meet their aim, as they did not result in a transfer. Italy and Spain were the main net recipients of Dublin procedures in 2018, while Sweden and Greece also had significantly higher incoming requests than outgoing requests.

Available figures from 2018 point to a prevalence of "take back" Dublin procedures in most countries, meaning that the majority of people placed in a Dublin procedure had already lodged an asylum application in a European Union Member State. "Take back" cases can entail lower safeguards on matters such as the right to appeal a transfer - this week, the Court of Justice of the European Union (CJEU) ruled that, as a rule, an asylum seeker cannot challenge the correct application of the responsibility criteria in a "take back" procedure.

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Arkiveringsdatum 181218:

AIDA 18-12-13:

Vulnerable Dublin returnees at risk of destitution till sidans topp

Asylum seekers returned to Italy under the Dublin Regulation face arbitrary access to accommodation, risks of destitution and substandard reception conditions despite Italy's obligation to provide guarantees of adequate treatment, according to a report published this week.

The report, prepared by the Danish and Swiss Refugee Councils, contains 13 case studies of Dublin return of asylum seekers with different vulnerabilities, ranging from single-parent families to persons suffering from mental disorders and victims of violence. The European Court of Human Rights clarified in Tarakhel v. Switzerland that Member States should obtain assurances from the Italian authorities that asylum seekers with special needs would be adequately accommodated prior to carrying out a transfer.

The report illustrates the arbitrariness underlying Dublin returnees' reception by the authorities, timely access to accommodation and to the asylum procedure, and quality of reception conditions. Many asylum seekers have had to wait for several hours or even days without any support at airports such as Rome Fuimicino and Milan Malpensa before being received by the Italian police. Some Dublin returnees are denied access to the Italian reception system upon arrival altogether or must wait a long time before they are accommodated in second-line reception facilities (SPRAR). Substandard conditions in first reception centres and temporary reception centres (CAS) are widely reported, falling far below standards for persons with special needs.

Access to the asylum procedure is equally problematic. Asylum seekers returned under the Dublin Regulation have to approach the Immigration Office of the Police (Questura) to obtain an appointment to lodge their claim. However, the delay for such an appointment reaches several months in most cases.

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Arkiveringsdatum 181204:

ECRE 18-11-30:

"To Dublin or not to Dublin?" ECRE publishes policy note on the Dublin system till sidans topp

The latest Policy Note published by ECRE assesses the policy choices undermining the implementation of the Dublin Regulation and makes recommendations for rights-based compliance with the current system on responsibility for asylum applications.

Member States remain trapped in a futile and costly cycle in their implementation of the Dublin system. Obstacles to Dublin transfers stem from deliberate policy choices such as lack of compliance with Common European Asylum System (CEAS) standards, including rules on reception and refugee status determination, as well as creating a generalised hostile political environment on migration. These choices are partly made due to the perceived unfairness of the Dublin system, which has been consistently highlighted by ECRE among others. Member States try to enforce transfers without understanding and addressing these obstacles, which in turn leads courts to block transfers for legal reasons arising from these deficiencies. Courts can prevent individual transfers but cannot themselves effect policy changes.

To break out of this cycle, ECRE recommends Member States to adopt clear instructions precluding the transfer of asylum seekers to Member States in which they would be at risk of direct or indirect refoulement, on the basis of objective evidence. Where a Member State is deemed to raise risks of refoulement, Dublin Units should promptly make use of the Regulation's "sovereignty clause".

The EU institutions also have a duty to ensure that the CEAS is implemented and complied with. The European Commission should thoroughly assess states' compliance with fundamental rights in Dublin implementation as part of their country monitoring of overall the implementation of the CEAS, and initiate infringement proceedings where systems are not brought in line with standards. The European Parliament should make use of parliamentary accountability mechanisms to ensure that monitoring actors perform their tasks.

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Källor: Informationen på denna sida är hämtad från följande källor (externa länkar): EU (kommissionen, ministerrådet, parlamentet och domstolen), Europarådet (mr-kommissionären, domstolen, kommittén mot tortyr), FN:s flyktingkommissariat UNHCR, FN:s kommitté mot tortyr m.fl. FN-organ, Sveriges Radio, SvT, andra svenska media via Nyhetsfilter och pressmeddelanden via Newsdesk, utländska media till exempel via Are You Syrious och Rights in Exile, internationella organisationer som Amnesty International, Human Rights Watch, ECRE, Statewatch och Picum, organisationer i Sverige som Rädda Barnen, Asylrättscentrum, Svenska Amnesty, FARR och #vistårinteut samt myndigheter och politiska organ som Migrationsverket, Sveriges domstolar, JO, Justitiedepartementet m.fl. departement och Sveriges Riksdag.

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