Practice Problems Concerning the Decision to Grant Access to Asylum in Romania under the 'Dublin II' Regulation

Author:Ana - Maria Gurita
Position:Danubius University of Galati, Faculty of Law
Pages:179-184
 
FREE EXCERPT
Practice Prob
Access to
Asylum
Danubius University o
Abstract: The transfer of
respon
Regulation no.
343/2003 estab
responsible for examining an
as
third country,
plays an importan
situations in which
states shou
community legislation.
administrative phase should
susp
implemented in that state,
ensu
asylum seekers subjects of
the tra
Keywords: sovereignty clause;
a
1 Introduction
Due to problems arising
in prac
access to the asylum procedure
in
solution or to discuss possible
leg
where an applicant has
asked f
statements, the fingerprinting
and
another EU member state or
had t
Dublin II Regulation
1
applies to
filed an asylum application in
an
territory and has submitted an
a
entered.
Because of this fact the
person c
343/2003 of the Council of 18
determining the Member State
re
member states of the European
U
1
This Regulation specifies
the rules for
the Member States of the European
Unio
2
The Regulation replaced the Dublin
C
applied. Also, the applicability of
the Co
roblems
Concerning the Decision t
o Gr
um
in Romania under "Dublin II
" Reg
Ana – Maria Guriţă
ity of Galati, Faculty of Law, ana_maria_gurita@ya
ponsibility
between the States Parties to
the Dublin Conventio
tablishing the
criteria and mechanisms for
determining th
asylum application lodged
in one of the EU Member
States
tant role
in stopping the phenomenon of "asylum shoo ping .
H
ould
assume responsibility, under the sovereignty clause
,
me
cases the authorities responsible for examining an
asylu
spend the
transfers, to the State believed to be responsible,
un
suring
that appropriate levels of p rotection of human
rights
transfer of
responsibility between Member States.
asylum seeker;
“Dublin” procedure; member state responsib
ractice
about a particular aspect of challenging
th
in
Romania we decided to examine this
issue in ord
legislative
changes in this area .
In practice there a
d for
recognition of a form of protection in
Rom
and
photographing resulted that the person has
appl
d the opp
ortunity to seek protection in such a state
.
to
asylum seekers,
illegally staying foreigner deta
another
Member State or an foreigner who
illegall
application
for asylum in another
Member State
n concerned
may be subject to the 'Dublin II'
gov
February 2003, which establishes the criteria
responsible
for examining an
asylum application
Union by a citizen of
a third country
2
.
or determining
the State responsible for examining
an asylum
nion
, Norway, Iceland and Switzerland.
Convention
of 1990 that talked about the transfer of
respon
Convention
depended on the adoption of other
Community
Legal Sciences
179
Grant
egulation
yahoo.com
tion
as amended by
the Member State
tes
by a citizen of a
However
there are
,
governed by this
ylum application in
until
the reforms are
hts are met for the
sible
the decision
to grant
order
to find a possible
e are
frequent the cases
omania
, but after the
pplied for
protection in
.
etained
who previously
ally entered the Dublin
ate
than that which he
overned
by Regulation
and mechanisms for
n lodged
in one of the
m application
, applicable in
onsibility
, but could not be
ity instruments
such as, for

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