On 16th September 2020, Ursula von der Leyen, the President of the European Commission, announced in a State of the Union address a New Pact on Migration and Asylum. The new pact seeks to abolish the Dublin Regulation III, in furtherance of the recommendations the Commission made in 2016, which would be replaced with an Asylum and Migration Management Regulation (‘AMR’). The pact consists of three main pillars: discouraging migration by supporting origin countries, modernising border security, and sponsoring returns procedures of asylum seekers or extending solidarity to member states experiencing exceptional migratory influx.
The Dublin Regulation III was preceded by the Dublin Regulation II (‘Dublin II’) and the Dublin Convention (‘Dublin I’). These regulations are considered the cornerstone of the EU’s harmonised system of asylum protection known as the Common European Asylum System (‘CEAS’). CEAS was established in 1999 to grant freedom, security and justice to the third-country nationals who are unable to secure legitimate protection of their state of origin. In line with the obligation of non-refoulement under the 1951 UN Refugee Convention , Article 18 of the EU Charter guarantees the right to seek asylum. For CEAS to work efficiently, a clear and workable method of state responsibility to determine asylum claims was required. To this end, Dublin II was adopted in 2003.
This blog post is divided into six parts. The first two parts focus on Dublin II, its legal framework and the irregularities that led to Dublin III. The third part is devoted to Dublin III and the problems it caused at the time of the 2015 refugee crisis. The fourth part provides a brief overview of the new pact. In the fifth and the sixth part, the author discusses the new pact and analyses the AMR in light of the normative inconsistencies in Dublin III.