Immigration and integration of immigrants. Member States responsible for the examination of international protection applications and effective access to a procedure in the European Union Cover Image

Imigrarea și integrarea migranților. Statul membru responsabil pentru examinarea unei cereri de protecție internațională și accesul efectiv la o procedură în Uniunea Europeană
Immigration and integration of immigrants. Member States responsible for the examination of international protection applications and effective access to a procedure in the European Union

Author(s): Catrinel Brumar
Subject(s): Human Rights and Humanitarian Law, EU-Legislation, Asylum, Refugees, Migration as Policy-fields
Published by: Institutul Român pentru Drepturile Omului
Keywords: immigration; asylum; border control; integration of migrants; international protection; access to asylum procedures; the State responsible;

Summary/Abstract: The Dublin Mechanism III (Regulation 604/2013 of the European Parliament and of the Council, which replaced with some amendments the previous mechanism Dublin II) contributes to the recognition of the right of access to asylum procedures in the EU and responds, by this contribution, to two requirements: Each applicant is entitled to asylum procedures in the EU and each applicant is entitled to a single asylum procedure. Such a mechanism to ensure the implementation of these requirements makes use of two instruments: the concept of a responsible state for examining an application for international protection and the hierarchical identification criteria of this state. The implementation of the Dublin mechanism is based on the presumption that in the course of the asylum procedure, the fundamental rights are respected in all 28 European Union member states. However, the simple character of the presumption recognized by European case law indicates some construction deficiencies of the mechanism which until now have been only partially corrected by reforming regulation.

  • Issue Year: 2014
  • Issue No: 4
  • Page Range: 14-29
  • Page Count: 16
  • Language: Romanian