No. 66: The Regulation on Asylum and Migration Management in the EU: A Step Toward Solidarity

Details

Author(s):
  • Sarah Smith
Publish Date:
August 1, 2022
Publication Title:
European Union [EU] Law Working Papers
Publisher:
Stanford Law School
Format:
Working Paper
Citation(s):
  • Sarah Smith, The Regulation on Asylum and Migration Management in the EU: A Step Toward Solidarity, EU Law Working Papers No. 66, Stanford-Vienna Transatlantic Technology Law Forum (2022).
Related Organization(s):

Abstract

The Dublin Regulation, the European Union law that determines which Member State is responsible for processing an asylum seeker’s claim, has long been criticized. Opponents argue that the Dublin System unfairly burdens border states, such as Italy and Greece, because it typically provides that the state an asylum seeker first entered is responsible for processing her application.
This paper evaluates the European Commission’s proposed Regulation on Asylum and Migration Management. Introduced in September 2020, the proposed regulation seeks to reform Europe’s asylum system by requiring “solidarity contributions” from all Member States. The paper begins by discussing Europe’s current Dublin System and the criticisms levied against it. It then considers the Relocation Decisions of 2015, which required Member States to accept relocated asylum seekers from Italy and Greece at the height of the 2015 migrant crisis. This attempt at mandated solidarity failed, as many Member States refused to accept relocated asylum seekers. The essay finally turns to the proposed Regulation on Asylum and Migration Management and evaluates its likelihood of success, drawing lessons from the shortcomings of the Dublin System and the failures of the Relocation Decisions of 2015.