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The Future of the Common European Asylum System: The disgrace of a Regulation Dublin II and III by comparison

Osthues, M.S. (2014) The Future of the Common European Asylum System: The disgrace of a Regulation Dublin II and III by comparison.

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Abstract:The current asylum crisis in Europe chips away at the image of the future of the Common European Asylum System. Member States located at the external borders are currently experiencing massive problems handling the amount of asylum-seekers while some non-bordering Member States participation is relatively low. The main promoter of the grievances within the system is the Dublin II Regulation. Hereby especially two issues can, according to the concepts of Langford, Thielemann and El-Enany be identified, namely the lack of a multinational shared responsibility and the lack of an effective burden sharing mechanism. Since the Regulation is now in its third generation both Regulations can be compared in order to evaluate, whether the Dublin III Regulation is able to remedy the failures promoted by the Dublin II Regulation. In order to achieve such answers, a detailed comparison of the articles of both Regulations on the basis of four features that characterize the issues of shared responsibility and burden sharing will be conducted. By applying a rating in which the features will be labelled as either realized or not realized, conclusion will be derived. The analysis showed that only two out of four features could be realized. This implies that although some positive changes could be identified, Dublin III will not be able to remedy the failures made under Dublin II and will hence not contribute to a well-functioning Common European Asylum System.
Item Type:Essay (Bachelor)
Faculty:BMS: Behavioural, Management and Social Sciences
Subject:70 social sciences in general, 86 law, 88 social and public administration, 89 political science
Programme:Management Society and Technology BSc (56654)
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