The EU asylum system, and in particular the Dublin regime, has come under criticism in recent years. Member States (MS), as well as NGOs, claim that transferring asylum-seekers to the MS responsible for examining their application under the rules of the Dublin II Regulation overloads the asylum systems of some MS, resulting in violations of the asylum-seekers’ fundamental rights.
Recent rulings of the European Court of Human Rights (ECtHR) and the Court of Justice of the EU (CJEU) stress that asylum-seekers must not be transferred to MS whose asylum systems manifest systemic deficiencies. The CJEU also confirmed that MS must ensure asylum-seekers undergoing a ‘Dublin-transfer’ procedure benefit from minimum reception conditions.
The European Parliament (EP) has endeavoured to reflect the latest standards in protection for asylum-seekers in its amendments to the current proposals to update the legislation. It managed to preserve a clause on the suspension of “Dublin transfers” in the draft Dublin III Regulation, and to secure the application of the Reception Conditions Directive to asylum-seekers falling under the Dublin regime.