EU asylum policy: EU country responsible for examining applications

Regulation (EU) No 604/2013 (Dublin III Regulation), replacing Council Regulation (EC) No 343/2003 (Dublin II Regulation), lays down the criteria and mechanisms for determining which EU country is responsible for examining an asylum application.

ACT

Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person.

SUMMARY

Regulation (EU) No 604/2013 (Dublin III Regulation), replacing Council Regulation (EC) No 343/2003 (Dublin II Regulation), lays down the criteria and mechanisms for determining which EU country is responsible for examining an asylum application.

WHAT DOES THIS REGULATION DO?

The Dublin III Regulation establishes the EU country responsible for examining an asylum application. It affords applicants better protection until their status is established. It also creates a new system for detecting early problems in national asylum or reception systems and tackling their root causes before they develop into full-blown crises.

KEY POINTS

Principle and criteria for determining responsibility

These include, in order of importance:

• family considerations;
• recent possession of a visa or a residence permit in an EU country;
• whether the applicant entered the EU irregularly or regularly.

More guarantees for applicants

The regulation contains more protective guarantees for applicants, such as:

• the right to information;
• personal interviews;
• more guarantees for minors, prioritising children’s best interests throughout the procedure;
• increased protection for applicants’ children, family members, dependent persons and relatives;
• the option of free legal aid, upon request;
• the right to appeal against a transfer decision to another EU country, including the option of granting suspensive effect.

A new 2014 proposal lays down rules for deciding who is responsible for examining unaccompanied minors’ applications.

Detention

As a general principle, applicants must not be held in detention merely because they are seeking asylum. However, the regulation provides for applicants’ detention if there is a risk of absconding (e.g. they are being transferred to another EU country).

A mechanism for early warning, preparedness and crisis management

The Dublin III Regulation makes the system more efficient by introducing an early warning, preparedness and crisis management mechanism designed to:

• tackle malfunctions in national asylum systems; or
• help EU countries facing high numbers of applicants for international protection at their borders.

WHEN DOES THE REGULATION APPLY?

The new regulation, which applies from 1 January 2014, replaces Council Regulation (EC) No 343/2003 (repealed).

BACKGROUND

The EU has been working to set up a common European asylum system (CEAS). Since 2011, various new texts have been adopted to improve the workings of the CEAS.

Following the COVID-19 outbreak and introducing measures to cope with the impact of the crisis, the European Commission adopted: Communication from the Commission COVID-19: Guidance on the implementation of relevant EU provisions in the area of asylum and return procedures and on resettlement

RELATED ACTS

Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (Official Journal L 337 of 20.12.2011, pp. 9-26).

Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (Official Journal L 180 of 29.6.2013, pp. 60-95).

Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (Official Journal L 180 of 29.6.2013, pp. 96-116).

Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (Official Journal L 180 of 29.6.2013, pp. 1-30).

Commission Regulation (EC) No 1560/2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (Official Journal L 222 of 5.9.2003, pp. 3-23).

Commission Implementing Regulation (EU) No 118/2014 of 30 January 2014 amending Regulation (EC) No 1560/2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (Official Journal L 39, 8.2.2014, pp. 1-43).

last update 25.05.2020