This document is an excerpt from the EUR-Lex website
EU asylum policy: EU Member State responsible for examining applications
SUMMARY OF:
WHAT IS THE AIM OF THE REGULATION?
The Dublin III regulation establishes the European Union (EU) Member States 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
Principles and criteria for determining responsibility
These include, in order of importance:
- family considerations;
- recent possession of a visa or a residence permit in a Member State;
- 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 Member State, including the option of granting suspensive effect.
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 Member State).
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; and
- help Member States facing high numbers of applicants for international protection at their borders.
Repeal
Regulation (EU) No 604/2013 will be repealed by Regulation (EU) 2024/1351 (see summary) as from .
FROM WHEN DOES THE REGULATION APPLY?
It has applied since .
BACKGROUND
- The EU has been working to set up a common European asylum system. Since 2011, various new texts have been adopted to improve the workings of the system.
- Following the COVID-19 outbreak and introducing measures to cope with the impact of the crisis, the European Commission adopted the following text: 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.
MAIN DOCUMENT
Regulation (EU) No 604/2013 of the European Parliament and of the Council of 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 (recast) (OJ L 180, , pp. 31–59).
Successive amendments to Regulation (EU) No 604/2013 have been incorporated into the basic text. This consolidated version is of documentary value only.
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