Dublin Regulation

The Dublin Regulation (Regulation No. 604/2013; sometimes the Dublin III Regulation; previously the Dublin II Regulation and Dublin Convention) is a European Union (EU) law that determines which EU Member State is responsible for the examination of an application for asylum, submitted by persons seeking international protection under the Geneva Convention and the EU Qualification Directive, within the European Union. It is the cornerstone of the Dublin System, which consists of the Dublin Regulation and the EURODAC Regulation, which establishes a Europe-wide fingerprinting database for unauthorised entrants to the EU. The Dublin Regulation aims to 'determine rapidly the Member State responsible ' and provides for the transfer of an asylum seeker to that Member State. The Dublin regime was originally established by the Dublin Convention, which was signed in Dublin, Ireland on 15 June 1990, and first came into force on 1 September 1997 for the first twelve signatories (Belgium, Denmark, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain and the United Kingdom), on 1 October 1997 for Austria and Sweden, and on 1 January 1998 for Finland. While the convention was only open to accession by member states of the European Communities, Norway and Iceland, non-member states, concluded an agreement with the EC in 2001 to apply the provisions of the Convention in their territories. The Dublin II Regulation was adopted in 2003, replacing the Dublin Convention in all EU member states except Denmark, which has an opt-out from implementing regulations under the area of freedom, security and justice. An agreement with Denmark on extending the application of the Regulation to Denmark came into force in 2006. A separate protocol also extended the Iceland-Norway agreement to Denmark in 2006. The provisions of the Regulation were also extended by a treaty to non-member states Switzerland on 1 March 2008, which on 5 June 2005 voted by 54.6% to ratify it, and Liechtenstein on 1 April 2011. A protocol subsequently made this agreement also applicable to Denmark. On 3 December 2008, the European Commission proposed amendments to the Dublin Regulation, creating an opportunity for reform of the Dublin System. The Dublin III Regulation (No. 604/2013) was approved in June 2013, replacing the Dublin II Regulation, and applies to all member states except Denmark. It came into force on 19 July 2013. It is based on the same principle as the previous two, i. e., that the first Member State where finger prints are stored or an asylum claim is lodged is responsible for a person's asylum claim. In July 2017, the European Court of Justice upheld the Dublin Regulation, declaring that it still stands despite the high influx of 2015, giving EU member states the right to deport migrants to the first country of entry to the EU.