The Principle of Non-refoulement in Dublin Proceedings Cover Image

Zasada non-refoulement w procedurze dublińskiej
The Principle of Non-refoulement in Dublin Proceedings

Author(s): Barbara Kowalczyk
Subject(s): Economy, Law, Constitution, Jurisprudence, Business Economy / Management, Law on Economics, Financial Markets, Business Ethics
Published by: Społeczna Akademia Nauk
Keywords: non-refoulement principle; Dublin procedure; safe third country

Summary/Abstract: The aim of the paper is to analyze the Dublin III Regulation and the proposal on the reform of the Dublin system in regard to the fundamental principle of the refugee law –the principle of non-refoulement. Although the purpose of the Dublin system has been to regulate the inter-states cooperation, the Dublin procedure also contains certain elements that are of significant importance for the fundamental rights of persons seeking protection. The Dublin system was also supposed to eliminate the phenomenon of “refugees in orbit”.By conferring on States the right to send an applicant to a safe third country, irrespective of whether it is the Member State responsible for processing the application or another Member State, it limits access to substantive examination of the application for international protection. The proposal on the reform of the Dublin system, like many other endeavors, indicates the even stronger process of externalization of international protection.

  • Issue Year: 19/2018
  • Issue No: 9.2
  • Page Range: 133-143
  • Page Count: 11
  • Language: Polish