Implementation of the Dublin III Regulation
TA-9-2020-0361 · P9_TA(2020)0361 · PE648.425
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Parliament's resolution on the implementation of the Dublin III Regulation finds that the rules place a disproportionate burden on a few Member States and have failed to determine responsibility swiftly and fairly.¶¶ It calls for a sustainable solidarity mechanism, better use of the family unity and discretionary clauses, and more resources for frontline Member States and EASO.¶¶¶ It demands that fundamental rights, the best interests of the child and the right to information and legal assistance be central to all Dublin procedures, and that detention be a last resort.¶¶¶ It asks the Commission to clarify and harmonise rules on time limits, transfers, visa-related criteria and the risk of absconding, and to monitor Member States' compliance.¶¶¶ It calls on the Council to adopt qualified majority voting when reforming the Dublin III Regulation.¶
Key points
- Considers the Dublin III Regulation imposes a disproportionate responsibility on a minority of Member States and fails to ensure a fair distribution of responsibility or swift access to asylum procedures.¶
- Stresses that excessive use of the first country of entry criterion and ineffective transfers increase the burden on frontline Member States, and calls for a sustainable solidarity mechanism under Article 80 TFEU.¶
- Calls for more resources and capabilities for frontline Member States, for instance via EASO, as long as Dublin is not reformed.¶
- Welcomes the 2015 and 2016 relocation Council Decisions but deplores Member States' unfulfilled commitments, and stresses that ad hoc relocation agreements are no substitute for a harmonised CEAS.¶
- Deplores that the Council did not adopt a position on the Dublin IV recast proposal, blocking reform, and calls for a swift reform of the CEAS.¶
- Calls on all Member States to make better use of the discretionary clause in Article 17 as a solidarity tool, in particular in situations of high arrivals or to transfer asylum seekers from hotspots.¶
- Takes the view that family unity provisions should be effectively implemented and that Articles 16 and 17 could be used more widely to support family unity.¶
- Calls for a European Asylum Agency with sufficient resources, adequate staffing of European Dublin units, and better cooperation between EASO and Frontex.¶¶
- Urges Member States to guarantee child-friendly information and support for minors, to ensure guardianship for unaccompanied children, and to state that detention is never in the best interests of the child.¶¶¶
- Calls on Member States to use detention only as a last resort and for as short a time as possible, and on the Commission and Member States to clarify 'significant risk of absconding'.¶¶
- Calls on the Commission to ensure full compliance with the hierarchy of criteria, to harmonise the standard of proof for family reunification, and to monitor the application of family-related definitions.¶¶
- Calls on the Commission to revise transfer rules, clarify time limits and Articles 12 and 14 on visas, and to include reliable information from non-state actors in monitoring implementation.¶¶¶
Who is affected
- Frontline Member States, especially Greece, Italy, Malta, Cyprus and Spain, which receive a large proportion of first-time applications.¶¶
- Asylum seekers, who face transfers, detention and varying levels of information and legal assistance across Member States.¶¶¶
- Unaccompanied minors, who need guardianship, child-friendly information and protection measures.¶¶
- National asylum authorities and Dublin units, which are understaffed and face increased workloads.¶¶
- The Commission and Member States, which are asked to improve implementation, monitoring and funding.¶¶¶
Figures and deadlines
- 1 393 920 asylum seekers applied for international protection in EU+ countries in 2015 and 1 292 740 in 2016.¶
- Applications rose from 373 375 in 2012 and 464 515 in 2013 to 665 920 in 2018 and 738 425 in 2019.
- About 17 700 unaccompanied minors lodged an application for international protection in 2019; 86 % were boys and 90 % were aged between 14 and 18.¶
- There were 145 000 decisions on Dublin requests in 2019, with an acceptance rate of 62 %.¶
- One-third of Member States hosted 90 % of asylum seekers between 2008 and 2017.¶
- Between 2016 and 2019, Germany and France issued 68 % of the EU total of Dublin requests; transfers were carried out in only 11 % of cases.¶¶
- In 2018, the family unit criterion was invoked in 5 % of 'take charge' requests in France and 3.7 % in Germany; Greece issued 79.3 % of its requests on family unity grounds.¶
- The Malta Declaration solidarity mechanism was signed on 23 September 2019 and was valid for at least six months.¶
Legal basis: Article 78(2)(e) and Article 80 of the Treaty on the Functioning of the European Union.¶¶