This Comment will discuss the systemic flaws in the Dublin Regulation and in the Member States asylum procedures, as well as the need for specificity in the definition of the systemic flaws; discussed in the Dublin Regulation. Section II will explain the history and source of obligation underlying the Dublin Regulation, and will also detail its development since its inception. Section III will explore the meaning of systemic flaws found in Article 3 of the Dublin Regulation. Section III will also discuss the cases decided by the European Court of Human Rights ( ECtHR ) and the European Court of Justice ( ECJ ), pertaining to systemic flaws; and how those cases have influenced the Dublin Regulation. Section IV will analyze the early warning mechanism found in Article 33 of the Regulation, and the role of mutual trust in EU law, and the impact on the function of the Regulation. Section IV will also explore the practical application of the Dublin Regulation, and the current solutions the EU has tried to implement in Greece, Italy, and Hungary. Lastly, Section V will propose changes to the Dublin Regulation, which includes a specific definition of what systemic flaws are, an automatic barring of sending refugees to a country that is found to have systemic flaws, and exploring a fair and equal sharing system to alleviate the burden on border countries.
The Dublin Regulation and Systemic Flaws,
San Diego Int'l L.J.
Available at: https://digital.sandiego.edu/ilj/vol18/iss2/5