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The Distribution of Asylum Responsibilities in the EU: Dublin, Partnerships with Third Countries and the Question of Solidarity

Karageorgiou, Eleni LU (2019) In Nordic Journal of International Law
Abstract
Because of the scale of global displacement, in particular from Syria, the European Union has stressed the need to work on an effective asylum and immigration policy through more robust forms of cooperation internally, between Member States, and externally, with third countries. This contribution investigates the extent to which the EU rules for distributing asylum responsibilities genuinely address the requirement of solidarity set out in EU law. It focuses on the Dublin system, which forms the main intra-EU responsibility allocation mechanism, and on the EU–Turkey partnership as an external mechanism. It suggests that instead of relieving countries that have disproportionate protection responsibilities and guaranteeing protection for... (More)
Because of the scale of global displacement, in particular from Syria, the European Union has stressed the need to work on an effective asylum and immigration policy through more robust forms of cooperation internally, between Member States, and externally, with third countries. This contribution investigates the extent to which the EU rules for distributing asylum responsibilities genuinely address the requirement of solidarity set out in EU law. It focuses on the Dublin system, which forms the main intra-EU responsibility allocation mechanism, and on the EU–Turkey partnership as an external mechanism. It suggests that instead of relieving countries that have disproportionate protection responsibilities and guaranteeing protection for every individual in need, such practices achieve the opposite. They ensure that overburdened countries remain the main protection providers and that the movement of refugees is strictly managed. This leads to the debasement of the right to asylum contrary to international and European law. (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
in press
keywords
Common European Asylum System, Allocation of responsibility, Solidarity, Dublin regulation, Relocation, EU-Turkey statement, Safe third country rules, Article 31 refugee convention, Public international law, EU law, Folkrätt, EU-rätt
in
Nordic Journal of International Law
publisher
Brill Academic Publishers
ISSN
0902-7351
language
English
LU publication?
yes
id
5cb375dd-5ffc-425c-af76-db1dc3fba30f
date added to LUP
2019-03-29 15:47:03
date last changed
2019-04-01 13:15:29
@article{5cb375dd-5ffc-425c-af76-db1dc3fba30f,
  abstract     = {Because of the scale of global displacement, in particular from Syria, the European Union has stressed the need to work on an effective asylum and immigration policy through more robust forms of cooperation internally, between Member States, and externally, with third countries. This contribution investigates the extent to which the EU rules for distributing asylum responsibilities genuinely address the requirement of solidarity set out in EU law. It focuses on the Dublin system, which forms the main intra-EU responsibility allocation mechanism, and on the EU–Turkey partnership as an external mechanism. It suggests that instead of relieving countries that have disproportionate protection responsibilities and guaranteeing protection for every individual in need, such practices achieve the opposite. They ensure that overburdened countries remain the main protection providers and that the movement of refugees is strictly managed. This leads to the debasement of the right to asylum contrary to international and European law.},
  author       = {Karageorgiou, Eleni},
  issn         = {0902-7351},
  keyword      = {Common European Asylum System,Allocation of responsibility,Solidarity,Dublin regulation,Relocation,EU-Turkey statement,Safe third country rules,Article 31 refugee convention,Public international law,EU law,Folkrätt,EU-rätt},
  language     = {eng},
  publisher    = {Brill Academic Publishers},
  series       = {Nordic Journal of International Law},
  title        = {The Distribution of Asylum Responsibilities in the EU: Dublin, Partnerships with Third Countries and the Question of Solidarity},
  year         = {2019},
}