Common European Asylum System in a Changing World

2. The reference key referred to in paragraph 1 shall be based on the following criteria for each Member State, according to Eurostat figures: (a) the size of the population (50% weighting); (b) the total GDP (50% weighting); … Article 36 Application of the reference key 1. Where the 150% threshold is reached, the automated system referred shall apply the reference key to those Member States with a number of applications for which they are responsible below their share (35/1) and notify the Member States thereof. 2. Applicants who lodged their application in the benefittingMember State after notification of allocation shall be allocated to the Member States referred to in paragraph 1 3. Applications declared inadmissible or examined in accelerated procedure shall not be subject to allocation. 4. On the basis of the application of the reference key, the automated system shall indicate the Member State of allocation. … Article 37 Financial solidarity 1. A Member State may…enter in the automated system that it will temporarily not take part in the corrective allocation mechanism. … 3. …the automated system shall communicate to the Member State not taking part in the corrective allocation mechanism the number of applicants for whom it would have otherwise been the Member State of allocation. That Member State shall thereafter make a solidarity contribution of EUR 250,000 per each applicant who would have otherwise been allocated to that Member State during the twelve-month period. The solidarity contribution shall be paid to the Member State determined as responsible for examining the respective applications. … LITERATURE: Kris Pollet. All in vain? The fate of EP positions on asylum reform after the European elections. 23 May 2019, available at: http://eumigrationlawblog.eu/all-in-vain-the-faith-of- ep-positions-on-asylum-reform-after-the-european-elections/ [Accessed: 18 May 2019]. Sarah Léonard, Christian Kaunert. Refugees, Security and the European Union. London: Routledge, 2019.

88

Made with FlippingBook flipbook maker