The Dublin Procedure

Author:Ana - Maria Gurita, Paula Maria Dinu
Position:Danubius University of Galati, Faculty of Law
Pages:180-186
SUMMARY

From its beginning, the European Union was concerned about the refugee problem and, therefore, asylum seekers. According to the current legislation it is confirmed the fact that EU wants a common asylum system respecting the 1951 Geneva Convention on refugees status and the New York Protocol of 1967. By establishing the state responsible for examining the asylum application, it prevents the... (see full summary)

 
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European Integration - Realities and Perspectives
2010
180
The Dublin Procedure
Ana – Maria Guriţă
1
, Paula Maria Dinu
2
1
Danubius University of Galati, Faculty of Law, ana_maria_gurita@yahoo.com
2
Danubius University of Galati, Faculty of Law, paula.dinu@yahoo.com
Abstract: From its beginning, the European Union was concerned about the refugee problem and, therefor e,
asylum seekers. According to the current legislation it is conf irmed the fact that EU wants a common asylum
system respecting the 1951 Geneva Convention on refugees status and the New York P rotocol of 1967. By
establishing the state responsible for examining the asylum ap plication, it prevents the person to "choose"
one country to properly examine an application for determining a form of protection. The Dublin
Convention, founded the principle of responsibility of examining the asylum application by one member of
the European Union, establishes the responsible state and under which conditions. "Eurodac" System is
intended to enable implementation of the Dubli n Convention. Member States have implemented these rules
in their national policies, thereby attempting to control also the immigration phenomenon.
Keywords: Dublin Convention; immigration phenomenon; European asylum system
1. Introduction
Important by it significance in contemporary society, migration refers to the legal status of foreigners
and refugees. The policies of justice, freedom and security, the European Union has stressed the
relevance of the measures taken regarding border control, asylum and migration, preventing and
combating crime in the context of human rights and fundamental freedoms.
Progressive creation of an area without internal frontiers in which free movement of persons is
ensured in accordance with the Treaty regarding the European Community and establishing
communitary policies regarding the conditions of entry and residence of third country nationals,
including joint efforts to manage external borders have resulted inevitably in increaset movement of
asylum seekers from third countries from Member States of the European Community. One of the
objectives of the European Union is to develop a common asylum policy, including a common
European asylum system.
The principle of responsibility of examining an applications for asylum by a single Member State of
the Union has been the object of stipulations in Dublin Convention
1
of June 15, 1990 and in the
Council Regulation EC no. 2725/2000 of 11 December 2000 regarding the establishment of
”Eurodac”
2
to compare fingerprints for the practical application of the Convention. On February18,
1
The implementation of the Dublin Convention of 1990 has stimulated the harmonization process of the asylum policies.
2
Database for comparing digital fingerprints for the effective application of Regula tion 343/2003 establishing the criteria and
mechanisms for determining the Member State r esponsible for examining an asylum application lodged in one Member State
by nationals of third countries or a stateless person.

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