Dublin Convention
The Dublin Convention (DT) is an international treaty that which State responsible for examining an in a Member State determines European Community provided asylum application is responsible. Formally, the convention is still valid, but is no longer actually applied. It has been replaced by the Dublin II Regulation and the Dublin III Regulation as part of the Common European Asylum System .
history
The Dublin Convention was signed on June 15, 1990 by Belgium , Denmark , Germany , France , Greece , Ireland , Italy , Luxembourg , the Netherlands , Portugal , Spain and the United Kingdom . It came into force for these states on September 1, 1997. Austria and Sweden (October 1, 1997), Finland (January 1, 1998) and the Czech Republic (August 1, 2005) joined later .
In the Bonn Protocol of April 26, 1994, the member states of the Schengen Implementation Convention (SDÜ) agreed that with the entry into force of the Dublin Convention, Articles 28 to 38 of the SDÜ on responsibility for handling asylum applications will no longer apply. Due to the discontinuation of internal border controls, the Social Security Convention of 1990 regulated for the first time which state is responsible for carrying out the asylum procedure.
Original goals
The Dublin Convention was intended, on the one hand, to ensure that every foreigner who applies for asylum on the territory of the contracting states is guaranteed the implementation of an asylum procedure. On the other hand, it should be ensured that exactly one contracting state is always responsible for examining the content of an asylum application. The Dublin Agreement lays down a test sequence to determine who is responsible. If the asylum seeker has a family member to whom a contracting state has granted refugee status, this state is responsible at the request of the person concerned. If a contracting state has issued the asylum seeker with a residence permit or a visa, this state is usually responsible. If an asylum seeker enters a contracting state without a visa, the state into which he can be shown to have entered first is responsible, unless he has already stayed in another contracting state for at least six months. In addition, every contracting state has the right to examine an asylum application itself, even if it is actually not responsible. The purpose of establishing a clear jurisdiction should be to prevent the asylum seeker from having more than one procedure in the territory of the Member States. The EURODAC system , which is a European automated system for comparing the fingerprints of asylum seekers, is used to exchange information .
The exchange of employees with the asylum authorities of individual contracting states is connected with the implementation of the DÜ. The aim of these "liaison personnel" is to get to know each other's organizational processes in the national asylum procedures, to use the possibilities of mutual support, to promote mutual understanding and to facilitate cooperation.
De facto expiry
The Dublin Convention is still formally valid as a treaty under international law, but is now overlaid by European law and no longer applied.
On March 1, 2003, the Dublin II Regulation came into force as a successor to the Dublin Convention. Since January 1, 2014, the Dublin III regulation has been a further successor regulation. With it, the circle of users of the Dublin rules has been extended to other EU member states and, via additional agreements, to Iceland , Liechtenstein , Norway and Switzerland .
Since international treaty law cannot be repealed by European law, Article 24 (1) of the Dublin II Regulation stipulates that it replaces the Dublin Convention . The Dublin III Regulation no longer contains a comparable passage; nevertheless, the non-application of the Dublin Convention is undisputed among the user states.
Web links
- Authentic text of the Dublin Convention in the German Federal Law Gazette ( BGBl. 1994 II p. 791, 792 )
- Informational text of the Dublin Convention (PDF; 1.1 MB)In: Official Journal of the European Union.