CYIL 2012

THE DUBLIN SYSTEM FROM A EUROPEAN HUMAN RIGHTS PERSPECTIVE signed between the EC and Denmark in order to facilitate Denmark’s integration to the Dublin system. 12 3. Purpose and principles of the Dublin system The Dublin system is a crucial part of EU asylum policy and is supposed to offer clear and workable rules for determining the Member State responsible for examining an asylum application. These rules are intended to be objective and fair both for Member States and for asylum seekers from third countries. 13 Besides the technical problems connected with the implementation of the Dublin system, states became aware that possible contradictions could arise between the Dublin system on one hand and international and European obligations in the field of human rights protection on the other hand. This is why the Dublin Regulation contains standard references to the Geneva Convention relating to the Status of Refugees of 1951 (as amended by the 1967 Protocol) and emphasizes the principle of non-refoulement, under which no one shall be returned to a country where he or she was exposed to persecution. 14 The preamble of the Dublin Regulation also refers to fundamental rights and principles contained in the EU Charter of Fundamental Rights and especially to the right to asylum guaranteed by its Article 18. 15 Family unity can be considered as another specific aspect of human rights protection, which is reflected in various provisions of the Dublin system. The principle of family unification is expressed in Articles 6 to 8 of the Dublin Regulation. 16 According to Article 3, paragraph 1 of the Dublin Regulation, Member States shall examine the application of any third country national who applies, at the border or in their territory, to any one of them for asylum. 17 This policy aims to ensure effective access of applicants to the asylum procedure within the EU. On the other 12 Council Decision of 21 February 2006 on the conclusion of the Agreement between the European Community and the Kingdom of Denmark extending to Denmark the provisions of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third country national and Council Regulation (EC) No 2725/2000 concerning the establishment of “Eurodac” for the comparison of fingerprints for the effective application of the Dublin Convention (OJ L 66, 8 March 2006, p. 37). 13 See recitals 3 and 4 of the Preamble of the Dublin Regulation. 14 See recital 2 of the Preamble and Articles 2 and 3 of the Dublin Regulation. 15 See recital 15 of the Preamble of the Dublin Regulation. At the time of the adoption of the Dublin Regulation the EU Charter of Fundamental Rights of the EU was not yet legally binding. As for the right to asylum in the EU Charter, see Scheu, H.C.Úprava práva na azyl v Listině základních práv EU In: Gerloch, A., Šturma, P. Ochrana základních práv a svobod v proměnách práva na počátku 21. století v českém, evropském a mezinárodním kontextu , Praha, 2011, p. 396-401. 16 See recitals 6 and 7 of the Preamble of the Dublin Regulation. 17 According to Article 3, paragraph 3 of the Dublin Regulation this principle, however, does not prevent Member States from sending an asylum seeker to a third country, in compliance with the provisions of the Geneva Convention.

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