Revising the ‘Dublin’ rules on responsibility for asylumseekers: Further developments

Abstract:

The EU is in the midst of developing a ‘second phase’ of its Common European Asylum System. This has involved the adoption of a revised ‘Qualification Directive’ (on the definition of ‘refugee status’ and ‘subsidiary protection’ status in 2011, as well as agreement in principle between the European Parliament and the Council on a revision of the ‘reception conditions Directive’ (on the treatment of asylum-seekers) in July 2012.

The EP and Council also reached a tentative deal on the revision of the ‘Dublin Regulation’, which allocates responsibility for asylum-seekers to a single Member State, in June 2012. This was the subject of a detailed Statewatch analysis at the time, which concluded that it was a ‘missed opportunity’ to reform these flawed rules more fundamentally.

However, for the Member States’ permanent representatives to the EU (known as ‘Coreper’), this deal was too generous: they objected to the change in rules relating to unaccompanied minor asylum-seekers and to the rules intended to limit the time period of detention of asylum- seekers subject to the Dublin process. Following further talks, the EP and the Council have reached a revised tentative deal, although this is subject to some ‘technical’  amendments by the Council and further discussions on the procedure for adopting measures implementing the Regulation (known as ‘comitology’).