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1 results

  • Rules Over Rights? Legal Aspects of the European Commission Recommendation for Resumption of Dublin Transfers of Asylum Seekers to Greece

  • Boryana Gotsova
  • Journal:
    German Law Journal / Volume 20 / Issue 5 / July 2019
    Published online by Cambridge University Press:
    04 July 2019, pp. 637-659
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  • Five years after the Dublin transfers of asylum seekers to Greece were halted—due to recurrent failings in the detention conditions, living conditions, and asylum procedure—the European Commission recommended a resumption of the practice. This Article analyzes the Recommendation in light of the human rights reports preceding and following it. The examination reveals that the renewal of systematic transfers would be premature, posing serious risks to the rights of asylum seekers under European and EU law. The restoration of a flawed system for distribution of asylum claims among the Member States—without fundamental reforms towards greater solidarity—may lead to a repetition of past mistakes. Despite the paramount importance of the Dublin system for the functioning of the Schengen Area, rule enforcement should not supersede human rights protection.