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

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.

In some

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