The Dublin Regulation (Regulation No. 604/2013; sometimes the Dublin III Regulation; previously the Dublin II Regulation and Dublin Convention) is a Regulation of the European Union that determines which EU member state is responsible for the examination of an application for asylum, submitted by persons seeking international protection under the Geneva Convention and the Qualification Directive, within the European Union.
The Dublin Regulation forms a key part of the Common European Asylum System (CEAS). Together with the Eurodac Regulation, which establishes a Europe-wide fingerprinting database for unauthorised entrants to the EU, the Dublin Regulation forms the Dublin System. The Dublin Regulation aims to "determine rapidly the Member State responsible [for an asylum claim]" and provides for the transfer of an asylum seeker to that Member State.
One of the principal aims of the Dublin Regulation is to prevent an applicant from submitting applications in multiple Member States. Another aim is to reduce the number of "orbiting" asylum seekers, who are shuttled from member state to member state. The country in which the asylum seeker first applies for asylum is responsible for either accepting or rejecting the claim, and the seeker may not restart the process in another jurisdiction.
As part of the third phase of CEAS, the Dublin III Regulation is to be replaced by the Asylum and Migration Management Regulation (AMMR) in 2024.
History
The Dublin regime was originally established by the Dublin Convention, which was signed in Dublin, Ireland on 15 June 1990, and first came into force on 1 September 1997 for the first twelve signatories (Belgium, Denmark, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain and the United Kingdom), on 1 October 1997 for Austria and Sweden, and on 1 January 1998 for Finland. While the convention was only open to accession by member states of the European Communities, Norway and Iceland, non-member states, concluded an agreement with the EC in 2001 to apply the provisions of the Convention in their territories.
Incorporation of the Dublin framework under EU law
The Dublin II Regulation was adopted in 2003, replacing the Dublin Convention in all EU member states except Denmark, which has an opt-out from implementing regulations under the area of freedom, security and justice. An agreement with Denmark on extending the application of the Regulation to Denmark came into force in 2006. A separate protocol also extended the Iceland-Norway agreement to Denmark in 2006. The provisions of the Regulation were also extended by a treaty to non-member states Switzerland on 1 March 2008, which on 5 June 2005 voted by 54.6% to ratify it, and Liechtenstein on 1 April 2011. A protocol subsequently made this agreement also applicable to Denmark.
Second phase of the Common European Asylum System
On 3 December 2008, the European Commission proposed amendments to the Dublin Regulation, creating an opportunity for reform of the Dublin System. The Dublin III Regulation (No. 604/2013) was approved in June 2013, replacing the Dublin II Regulation, and applies to all member states except Denmark. It came into force on 19 July 2013. It is based on the same principle as the previous two, i. e., that the first Member State where finger prints are stored or an asylum claim is lodged is responsible for a person's asylum claim.
In July 2017, the European Court of Justice upheld the Dublin Regulation, declaring that it still stands despite the high influx of 2015, giving EU member states the right to transfer migrants to the first country of entry to the EU.
The United Kingdom withdrawal from the European Union took effect at the end of the Brexit transition period on 31 December 2020, at which point the Regulation ceased to apply to it.
Asylum and Migration Management Regulation
The Dublin III Regulation is to be replaced by an Asylum and Migration Management Regulation (AMMR), as part of the third phase of the Common European Asylum System. The Justice and Home Affairs Council reached agreement on a negotiating position towards the European Parliament on 8 June 2023.
Key to the Asylum and Migration Management Regulation is the institution of a new solidarity mechanism between the member states. Solidarity can take the form of relocation of migrants, financial contributions, deployment of personnel or measures focusing on capacity building. Solidarity will be mandatory for member states, but the form of solidarity is at the discretion of the member states themselves. Per relocation, member states can instead make a financial contribution of €20.000.