The Dublin Procedure

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

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.