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Arkivet har startat om och saknar material från perioden 180119 - 180513

Arkiveringsdatum 190415:

ECRE 19-04-05:

The Implementation of the Dublin III Regulation in 2018 till sidans topp

ECRE has published a report providing an overview of developments in legislation, policy and practice relating to the application of the Dublin III Regulation, based on current practice, case law and up-to-date statistics from 21 European countries.

Germany and France continued to spearhead the Dublin system. In 2018, the two Member States issued 54,910 and 45,760 outgoing Dublin requests respectively. These figures indicate that nearly one in three asylum seekers in Germany and France were subject to a Dublin procedure. However, more than four out of five Dublin procedures in these countries failed to meet their aim, as they did not result in a transfer. Italy and Spain were the main net recipients of Dublin procedures in 2018, while Sweden and Greece also had significantly higher incoming requests than outgoing requests.

Available figures from 2018 point to a prevalence of "take back" Dublin procedures in most countries, meaning that the majority of people placed in a Dublin procedure had already lodged an asylum application in a European Union Member State. "Take back" cases can entail lower safeguards on matters such as the right to appeal a transfer - this week, the Court of Justice of the European Union (CJEU) ruled that, as a rule, an asylum seeker cannot challenge the correct application of the responsibility criteria in a "take back" procedure.

(...)

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Arkiveringsdatum 181218:

AIDA 18-12-13:

Vulnerable Dublin returnees at risk of destitution till sidans topp

Asylum seekers returned to Italy under the Dublin Regulation face arbitrary access to accommodation, risks of destitution and substandard reception conditions despite Italy's obligation to provide guarantees of adequate treatment, according to a report published this week.

The report, prepared by the Danish and Swiss Refugee Councils, contains 13 case studies of Dublin return of asylum seekers with different vulnerabilities, ranging from single-parent families to persons suffering from mental disorders and victims of violence. The European Court of Human Rights clarified in Tarakhel v. Switzerland that Member States should obtain assurances from the Italian authorities that asylum seekers with special needs would be adequately accommodated prior to carrying out a transfer.

The report illustrates the arbitrariness underlying Dublin returnees' reception by the authorities, timely access to accommodation and to the asylum procedure, and quality of reception conditions. Many asylum seekers have had to wait for several hours or even days without any support at airports such as Rome Fuimicino and Milan Malpensa before being received by the Italian police. Some Dublin returnees are denied access to the Italian reception system upon arrival altogether or must wait a long time before they are accommodated in second-line reception facilities (SPRAR). Substandard conditions in first reception centres and temporary reception centres (CAS) are widely reported, falling far below standards for persons with special needs.

Access to the asylum procedure is equally problematic. Asylum seekers returned under the Dublin Regulation have to approach the Immigration Office of the Police (Questura) to obtain an appointment to lodge their claim. However, the delay for such an appointment reaches several months in most cases.

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Arkiveringsdatum 181204:

ECRE 18-11-30:

"To Dublin or not to Dublin?" ECRE publishes policy note on the Dublin system till sidans topp

The latest Policy Note published by ECRE assesses the policy choices undermining the implementation of the Dublin Regulation and makes recommendations for rights-based compliance with the current system on responsibility for asylum applications.

Member States remain trapped in a futile and costly cycle in their implementation of the Dublin system. Obstacles to Dublin transfers stem from deliberate policy choices such as lack of compliance with Common European Asylum System (CEAS) standards, including rules on reception and refugee status determination, as well as creating a generalised hostile political environment on migration. These choices are partly made due to the perceived unfairness of the Dublin system, which has been consistently highlighted by ECRE among others. Member States try to enforce transfers without understanding and addressing these obstacles, which in turn leads courts to block transfers for legal reasons arising from these deficiencies. Courts can prevent individual transfers but cannot themselves effect policy changes.

To break out of this cycle, ECRE recommends Member States to adopt clear instructions precluding the transfer of asylum seekers to Member States in which they would be at risk of direct or indirect refoulement, on the basis of objective evidence. Where a Member State is deemed to raise risks of refoulement, Dublin Units should promptly make use of the Regulation's "sovereignty clause".

The EU institutions also have a duty to ensure that the CEAS is implemented and complied with. The European Commission should thoroughly assess states' compliance with fundamental rights in Dublin implementation as part of their country monitoring of overall the implementation of the CEAS, and initiate infringement proceedings where systems are not brought in line with standards. The European Parliament should make use of parliamentary accountability mechanisms to ensure that monitoring actors perform their tasks.

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Arkiveringsdatum 181018:

AIDA 18-10-03:

A 'zero sum' game at a price - the Dublin system in the first half of 2018 till sidans topp

The latest Dublin Update published by the Asylum Information Database (AIDA), managed by ECRE, releases exclusive figures from 14 European countries on the operation of the Dublin system for the first six months of 2018.

The Dublin Regulation continues to be predominantly "Germany's game". Germany was the top sender of Dublin requests (30,305) to other countries and one of the main recipients of requests (12,313) from other countries. On the other hand, Greece received 2,313 incoming requests in the first half of 2018 - the overwhelming majority coming from Germany - compared to no more than 257 in the first semester of 2017. This dramatic increase is likely linked to the European Commission's efforts to encourage Member States to reinstate transfers to Greece. Hungary noted a drop in the number of incoming requests (1,848), most coming from France and Germany.

Countries such as Switzerland, Austria, Greece, Malta and Slovenia have sent and received similar volumes of outgoing and incoming requests for transfer of asylum seekers under the Dublin Regulation. From the perspective of administrative burden and efficiency, such 'exchanges' of requests demonstrates the deeply bureaucratic nature and defects of the Dublin system. Administrations invest considerable time and human and financial resources on procedures to transfer asylum seekers out of their territory, only to end up with approximately equal numbers of procedures to receive asylum seekers from other countries.

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Arkiveringsdatum 180605:

EU Concilium / Statewatch 18-05-28:

Läckt: Kompromissförslag om CEAS, Dublin IV till sidans topp

+ Proposal for a Regulation establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) (LIMITE doc no: 9047-18). Council Presidency seeking to deal with divisions in the Council:

"Following concerns raised by some delegations in Coreper, the Presidency proposed to replace the reversed qualified majority by reinforced qualified majority.

This option was presented to the JHA Counsellors held on 18th of May 2018. While many delegations supported this, others continued raising concerns and suggested as an alternative that this second layer of decision making be entrusted to the European Council. Moving the issue to the European Council risks, however, delaying delivering the support foreseen for the second sub-phase of the challenging circumstances."

Note: "Reinforced qualified majority":

"When the Council acts without a Commission proposal or one from the High Representative for Foreign Affairs and Security Policy (i.e. in the fields of police and judicial cooperation in criminal matters), the qualified majority must include at least two-thirds of EU countries."

+ Proposal for a Regulation establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection by a third-country national or a stateless person registered in one of the Member States by a third-country national or a stateless person (recast) (8895-18, 108 pages 17 May 2018):

"the Presidency compromise suggestions on the above proposal."

18-05-14: Ordförandeskapets första förslag (Extern länk till pdf-fil)

18-05-17: Ordförandeskapets senaste offentliga förslag (Extern länk till pdf-fil)

18-05-22, Ordförandeskapets omarbetade förslag (Extern länk till pdf-fil)

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Danish Refugee Council 18-06-04:

The Dublin system keeps families apart till sidans topp

A new policy brief from the Danish Refugee Council shows how the current Dublin system keeps families apart, when they seek asylum in Europe. The brief shows how the rules are being implemented differently in different countries and how the Member States do not always take the best interests of the child into account, when making decisions about children in the Dublin procedure. Although the current proposal on the Dublin IV Regulation includes some improvements for families' opportunities to reunite, there is still more to be done to ensure the rights of families and children in the Dublin procedure, DRC says ahead of this weeks' meeting in the Justice and Home Affairs Council, where the Dublin reform is on the agenda on Tuesday.

When asylum seekers enter the European Union, family members do not always end up in the same country. Sometimes they flee at different times, sometimes they get separated underway, sometimes they have to take different routes and sometimes they get stuck while trying to cross a border. In all cases the result is the same; the family is separated and ends up in a bureaucratic maze in their attempt to get reunited. When that happens, DRC has many times experienced how the Dublin procedure in practise keep families separated and how the best interests of the child are often not taken adequately into consideration when authorities make decisions in accordance with the Dublin Regulation.

"Families who have been forced to flee their home country and who have fought for their life, must often also fight for their right to family life in Europe by challenging the decisions of Member State authorities - a fight that many families do not win. The protracted appeals procedures along with burdensome administrative procedures result in families having to wait for months before they are allowed to reunite - and in many cases, they do not end up together," says Eva Singer, Head of the Asylum Department at the Danish Refugee Council.

(...)

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Arkiveringsdatum 171208:

AIDA 17-11-30:

CEAS reform: State of play of negotiations on the Dublin IV Regulation till sidans topp

The proposal for a Dublin IV Regulation constitutes the central feature of the European Commission's package of legislative proposals for the reform of the Common European Asylum System (CEAS) tabled in 2016. While the European Parliament has recently adopted its position on the file, the Council remains at a stage of informal, bilateral consultations between Member States with a view to agreeing on a common vision of responsibility and solidarity in the Dublin system.

The following summary outlines the key elements of the Council discussions and the European Parliament position.

The negotiations within the Council

Following on from informal papers shared by its two predecessors, the Slovak and Maltese Presidencies, the Estonian Presidency of the Council presented on 29 November 2017 the outcome of its bilateral discussions with Member State delegations on the effective application of the principles of solidarity and responsibility.

The Estonian non-paper notes that the "practicalities of the measures and overall system [proposed] are too abstract", thereby requiring resumption of technical-level discussions between delegations to "better understand how to incorporate these measures in the Dublin Regulation. Discussions at the technical level in the Council have been suspended for more than a year now pending political agreement on the solidarity component of the Commission proposal for a Dublin IV Regulation. Some of the points identified as a possible compromise include the following:

Three-phase Dublin system

The Estonian Presidency distinguishes between preventive measures, measures reacting to particular pressure, and measures tackling the crisis consequences:

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Arkiveringsdatum 171027:

UNHCR August 2017:

Left in Limbo: UNHCR Study on the Implementation of the Dublin III Regulation till sidans topp

TABLE OF CONTENTS

1. Provision of information

2. Personal interview

3. Guarantees for children

4. Determining Member State responsibility for examining an application for international protection .

5. Discretionary clauses

6. Transfers

7. Use of detention

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Arkiveringsdatum 171001:

AIDA 17-09-07:

The Dublin system in the first half of 2017 till sidans topp

An AIDA statistical update illustrates significant discrepancies in the use of the Dublin Regulation allocating responsibility for asylum seekers across European countries. The number of Dublin procedures initiated in the first half of 2017 vary from only 5 outgoing requests in Spain to nearly 30,000 in Germany.

The main operators of the Dublin system were

+ Germany with 29,378 requests and 3,043 transfers;

+ Greece with 7,267 requests and 1,866 transfers;

+ Austria with 6,000 requests and 2,058 transfers; and

+ Switzerland with 4,232 requests and 1,259 transfers.

Figures show an increase of outgoing transfers for most countries operating the Dublin Regulation. While the rate of Germany rose from 7.1% to 10.3%, Austria marked a substantial increase from 12.1% to 34.3%. Germany and Austria have transferred almost as many asylum seekers in the first semester of the year as they did in the entire year 2016, while Greece has transferred nearly double the number of persons transferred last year.

Germany has also been the main country at the receiving end of Dublin procedure, counting 4,144 incoming Dublin transfers. The Dublin procedure in Germany has been heavily debated in recent months due to a change of practice vis-ā-vis requests from Greece. The number of requests issued by Greece dropped from 2,514 in the first quarter of 2017 to 953 in the second quarter, as did the number of actual transfers - from 837 to 379. All of these transfers concerned family reunification or the application of the dependent persons and humanitarian clauses. The reduction of Dublin procedures stems from a controversial agreement between Germany and Greece to slow down the rate of family reunification.

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AIDA 17-09-22:

BAMF must comply with Dublin timeframes to transfer applicants from Greece till sidans topp

On 15 September 2017, the German Administrative Court of Wiesbaden ruled that the Federal Office for Migration and Refugees (BAMF) must comply with the time limit of six months for carrying out a Dublin transfer as set out in Article 29 of the Dublin III Regulation.

The case concerned a Syrian minor who applied for international protection in Germany and whose family (parents and three siblings) applied for asylum in Greece, where they currently reside. His family has had a pending transfer from Greece to Germany since 30 March 2017, when Germany accepted the "take charge" issued by the Greek Dublin Unit.

Firstly, the Administrative Court recognised the existence of logistical problems in Germany, which poses obstacles to the transferring of the applicants within the required timeframe, and which is under the control of the BAMF. Secondly, it recalled that the minor's family members have a subjective right to be transferred within the six-month period, as required under Article 29 of the Dublin III Regulation and established by analogy to the Court of Justice of the European Union's Mengesteab judgment. Thirdly, in reply to the alleged agreements between the German and Greek authorities to establish a cap of transfers and to expand the available timeframe to carry out the transfer without the transfer of responsibility under the Dublin III Regulation, the Court affirmed that this guarantee represents an additional legal claim on behalf of the applicant, but does not have the effect of obviating Germany's responsibility to execute the transfer within the required time limit of six months. Fourthly, the Court stated that this time limit starts to run from the day the German authorities accepted the "take charge" request, and not from the day the Greek authorities confirmed receipt of that acceptance.

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Arkiveringsdatum 170515:

ECRE 17-05-12:

Greece/ Germany: Cap on transfers under Dublin family provisions till sidans topp

An agreement between Germany and the Greek Ministry of Migration Policy has reportedly led to the introduction of a monthly limit to the number of people transferred to Germany under the Dublin Regulation. As the majority of transfers from Greece to Germany are based on the family provisions of the Regulation, this would seriously affect the situation for refugees awaiting family reunification.

According to information published by Efimerida ton Syntakton, Germany is accepting a maximum of 70 persons from Greece as of 1 April 2017. Against the backdrop of existing delays and obstacles to the Dublin procedure in Greece, this measure is estimated to further delay family reunification for more than 2,000 refugees awaiting transfer to Germany. The Greek Ministry of Migration Policy has denied reports of such an agreement, though it referred to technical difficulties affecting the rate of transfers.

Last year, Germany received a total 739 Dublin transfers from Greece, out of more than 3,000 requests mainly based on family reunification. This year, according to the article, only 70 asylum seekers were transferred to Germany in April, compared to 540 in March and 370 in February.

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Arkiveringsdatum 170424:

UNHCR 17-04-10:

UNHCR urges suspension of transfers of asylum-seekers to Hungary under Dublin till sidans topp

UNHCR, the UN Refugee Agency, today called for a temporary suspension of all transfers of asylum-seekers to Hungary from other European States under the Dublin Regulation. The Dublin regulation is an EU instrument that determines which European State is responsible for examining an asylum seeker's application.

"The situation for asylum-seekers in Hungary, which was already of deep concern to UNHCR, has only gotten worse since the new law introducing mandatory detention for asylum-seekers came into effect," said Filippo Grandi, United Nations High Commissioner for Refugees.

"Given the worsening situation of asylum-seekers in Hungary, I urge States to suspend any Dublin transfer of asylum-seekers to this country until the Hungarian authorities bring their practices and policies in line with European and international law," he added.

The High Commissioner said that he was "encouraged" by the decision taken by the European Commission to work with the Hungarian authorities with a view to bringing the new legislation and Hungary's practice in line with EU law, but noted that "urgent measures are needed to improve access to asylum in Hungary."

UNHCR has repeatedly raised its concerns over the situation of refugees and asylum-seekers arriving to Hungary with the authorities and the EU, stressing that physical barriers and restrictive policies have resulted in effectively denying access to territory and asylum.

Hungary's "emergency measures" under the amended law on asylum expand mandatory detention of asylum seekers and lead to the expulsion from the country of anyone who enters the country irregularly, in violation of the country's obligations under international law.

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ECRE 17-04-14:

Germany follows UNHCR call for suspension of Dublin transfers to Hungary till sidans topp

UNHCR urged states to suspend Dublin transfers to Hungary. The next day the German Ministry of Interior ordered that Dublin transfers can only be carried out if asylum seekers are guaranteed EU reception and asylum procedure standards.

The German request for guarantees is seen as a de facto transfer stop by Karl Kopp from ProAsyl. Kopp, called for the EU to take action against the recently implemented restrictive policies by the authoritarian Hungarian government and start an infringement procedure against the country, which could lead to the suspension its voting rights in the European Council. Both the European Commission and the European People Party, which the current Hungarian governing party is part of, have issued concerns as well and hinted towards possible sanctions.

UNHCR highlighted the worsening conditions for asylum seekers, due to the the recently introduced mandatory detention and the high risk of refoulement and the excessive use of violence against people crossing the border into Hungary, including by State agents and calls for investigations on allegations of abuse and violence.

"The situation for asylum-seekers in Hungary, which was already of deep concern to UNHCR, has only gotten worse since the new law introducing mandatory detention for asylum-seekers came into effect," said Filippo Grandi, United Nations High Commissioner for Refugees.

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Arkiveringsdatum 170410:

AIDA March 2017:

The Dublin system in 2016: Key figures from certain European countries till sidans topp

This statistical update provides key figures from 12 European countries on the application of the Dublin Regulation in 2016. Available statistics demonstrate the persisting inefficiency of the Dublin system as a responsibility-allocation mechanism across Europe, as the number of effected transfers of asylum seekers remains considerably low compared to the number of procedures initiated. The update also explores the inconsistency between Dublin and the emergency relocation scheme, leading to a paradoxical transfer of 1,864 people out of Italy to other Member States under relocation and family provisions, and transfer of 2,086 people to Italy under Dublin.

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Arkiveringsdatum 170330:

AIDA 17-03-16:

Dublin update 2016: No change in deeply dysfunctional Dublin system till sidans topp

A statistical update published by AIDA, releasing figures for 12 European countries from 2016, reveals persisting fundamental dysfunctions in the Dublin system. Its inefficiency is illustrated by disproportionately low transfers compared to procedures, its inconsistency by contradictions with the EU emergency relocation scheme, and its inadequacy in safeguarding rights by Member States' restart of transfers to Greece.

"While the EU legislature has started difficult and complex negotiations on the 'fourth-generation' Dublin Regulation, the message given by statistics remains unchanged: Dublin is a bureaucratic behemoth, entailing severe human, administrative and financial costs for both individuals and national authorities, with minimal effect on regulating the actual movement of asylum seekers in Europe", says Minos Mouzourakis, AIDA Coordinator.

Dublin continues to be highly inefficient in terms of actual transfers compared to the number of procedures initiated in Member States through Dublin requests. Although Sweden had a 43.2% transfer rate, Germany (by far the main operator of the system) had a rate of 7.1% and Italy only 0.4%. Countries such as France and Belgium, have announced policy measures to increase the number of Dublin transfers in the future.

The operation of Dublin also seems highly paradoxical for the countries assisted by the EU emergency relocation scheme, since the two mechanisms run in parallel. In the first eleven months of 2016, Italy transferred 1,864 people to other countries under Dublin family reunification and relocation, but received more people (2,086) from other countries under Dublin.

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Arkiveringsdatum 170320:

Welcome to Europe 17-03-14:

DUBLIN III Returns to Greece till sidans topp

On the 8th of December 2016, the European Union Commission suggested the resumption of Dublin Returns to Greece, beginning in March 2017. Germany suggested already that it agreed that Greece had sufficiently improved the conditions for refugees, so that Germany would plan to re-start the returns from the 15th of March. With this announcement, the European governments show that they close their eyes to the fact that the living and detention conditions in the Greek camps continue to be deplorable and inhuman, that access to the asylum procedure is still not guaranteed, that procedures remain dysfunctional in general and that many of refugees continue to suffer from inhuman and degrading treatment while being stuck in Greece. The European Commission's recommendation included a gradual resumption of returns, with a first focus to return the ones who arrived in Europe after this date (15th of March) and not including unaccompanied minors or other vulnerable persons at that point.

Following these recent developments, many rumours have been created and hundreds of refugees started in panic to move onwards from Turkey and Greece, in order to reach the destination countries before that date. We therefore, decided to write this information sheet to explain some facts on who might be affected, to emphasise the grey areas, where it is unclear what will happen, and to give you advise on what can be done to prepare and protect yourselves.

Note:

1 Every case is different. As soon as you arrive in the country of your final destination, you should look for counselling and advice by people there who specialise in preventing Dublin-returns, who can assist with asylum procedures, and who can help you to go through all procedures in the best way possible.

UNDERSTANDING DUBLIN RETURNS

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Arkiveringsdatum 170109:

UNHCR 16-12-22:

UNHCR comments on the proposal for amended Dublin Regulation till sidans topp

UNHCR comments on the European Commission proposal for a Regulation of the European Parliament and of the Council establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) - COM (2016) 270

/Utdrag:/

The events of 2015 highlighted the need for a revitalized asylum system in the EU. In its overarching proposals, UNHCR recommends that, in addition to ensuring access to territory is guaranteed and new arrivals are registered and received properly, the system would also allocate responsibility for asylum seekers fairly among EU Member States, and ensudre that EU Member States are equipped to meet the task. Building on elements of the existing Common European Asylum System (CEAS) and some of the reforms proposed by the European Commission (Commission), UNHCR proposes a simplified system that would facilitate the efficient management of population movements.

A key element of this system is the prioritisation of family reunion directly after the registration phase in order to overcome some of the current obstacles to family reunion under the existing Dublin Regulation. In addition, rather than foreseeing mandatory admissibility procedures, the system would incorporate streamlined asylum determination procedures to manage mixed arrivals of refugees and migrants. Under this scheme, asylum-seekers with manifestly well-founded or unfounded claims and those from safe countries of origin would be channelled into accelerated procedures to provide quick access to international protection for those who need it, and facilitate return for those who do not.

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Arkiveringsdatum 161221:

EU-kommissionen 16-12-08:

Kommissionen rapporterar om den europeiska migrationsagendan till sidans topp

Kommissionen lägger idag fram en rapport om de framsteg som har gjorts i fråga om genomförandet av uttalandet från EU och Turkiet och EU:s system för omplacering och vidarebosättning.

Kommissionen har idag också antagit en fjärde rekommendation som sammanfattar Greklands framsteg med att inrätta ett fullt fungerande asylsystem och anger ett förfarande för hur Dublinöverföringarna till Grekland gradvis ska återupptas.

- Vår övergripande europeiska migrationsstrategi uppvisar positiva resultat, säger EU-kommissionens förste vice ordförande Frans Timmermans.Det framgår av det fortlöpande genomförandet av uttalandet från EU och Turkiet och den betydande minskningen av det antal irreguljära migranter som anländer till Grekland. Det märks också av de framsteg som de grekiska myndigheterna gjort med att rätta till bristerna i landets asylsystem, vilket har gjort att vi kan rekommendera ett gradvist återupptagande av Dublinöverföringarna till Grekland från och med den 15 mars 2017. Detta kommer att ytterligare förhindra olagliga inresor och sekundära förflyttningar, och är ett viktigt steg för att vi ska kunna återgå till ett normalt fungerande Dublin- och Schengensystem.

(...)

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Thursday 8 December: The Commission publishes fourth Recommendation on urgent measures to be taken by Greece in view of the resumption of transfers under the Dublin Regulation (Extern länk)

Questions & Answers: Recommendation on the conditions for resuming Dublin transfers of asylum seekers to Greece (Extern länk)

Thursday 8 December: The Commission publishes the 8th Report on Relocation and Resettlement (Extern länk)

Hämta meddelandet COM/2016/0791 final: Eighth report on relocation and resettlement (Extern länk)

Thursday 8 December: The Commission publishes the 4th Report on the progress made in the implementation of the EU-Turkey Statement (Extern länk)

Implementing the EU-Turkey Statement - Questions and Answers (Extern länk)

Se även:

Europeiska rådets slutsatser, den 15 december 2016 (Extern länk)

ECRE 16-12-14: Joint NGO statement ahead of the European Council of 15 December 2016: EU leaders can save lives in winter if they change migration policies (Extern länk)

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Europarådets parlament 16-12-09:

Rapporteur Tineke Strik warns against resuming Dublin transfers to Greece till sidans topp

Council of Europe Parliamentary Assembly (PACE) rapporteur Tineke Strik (SOC, the Netherlands) today responded to the European Commission's recommendation that in three months from now, European countries should resume transferring asylum seekers to Greece under the Dublin regulation.

"The Parliamentary Assembly has repeatedly stated that transfers of asylum seekers back to Greece should not resume until the Council of Europe has confirmed that Greece is able to ensure protection of their rights under the European Convention on Human Rights", said Ms Strik, referring to Parliamentary Assembly Resolutions 2109 (2016) on 'the situation of refugees and migrants under the EU-Turkey Agreement of 18 March 2016' and 2118 (2016) on 'refugees in Greece: challenges and risks - a European responsibility'. "The Committee of Ministers is still examining the situation, and so it is premature even to make qualified, conditional plans for a resumption of Dublin transfers."

"Only this week, the Assembly's migration committee heard from Médecins sans Frontičres and the European Stability Initiative about the very poor and often unsafe conditions many asylum seekers still face on the Greek islands and mainland and the increasing backlog of cases in the Greek asylum system. It is clear that EU assistance remains inadequate on the ground and that most countries are still failing to meet their commitments to relocate refugees from Greece, and as a result Greece continues to struggle with its disproportionate and ever-growing responsibilities", continued Ms Strik. "In these circumstances, I find it astonishing that the European Commission is recommending something that would only add to the burden on Greece and may prove damagingly counter-productive on many fronts."

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ECRE 16-12-09:

Commission proposes to increase returns to Turkey and re-start returns to Greece till sidans topp

The European Commission published its Fourth Report on the implementation of the EU-Turkey deal this week. The publication comes together with a Joint Action Plan of the EU Coordinator on the implementation of certain provisions of the EU-Turkey Statement that outlines several modifications to the Greek asylum procedure aiming to increase numbers of returns under the EU Turkey deal, as well as a Recommendation to EU Member States to reinstate the Dublin procedure to Greece. The proposals have been sharply criticised by a number of actors, including Amnesty International.

Three main proposals are put forward by the Commission to modify the EU Turkey deal. The first foresees the abolition of the exemption of vulnerable persons or persons falling within the family provisions of the Dublin Regulation from the exceptional border procedure applied on the Greek islands. Safeguards might only be maintained for victims of torture or other forms of violence, and families in case the right to family life is threatened. The second proposal envisages the further speeding up of the decision-making for asylum seekers such as Pakistani, Bangladeshi, Algerian, Moroccan and Tunisian nationals. Finally, the Commission urges Greece to exert stronger pressure on its Appeals Committees for faster decisions and to explore the possibility to limit the number of appeal steps in the context of the asylum process. So far a number a significant number of returns under the EU-Turkey deal have been prevented by the rulings of the Appeals Committees.

Further, the Commission recommended that Member States reinstate Dublin procedures to Greece from 15 March 2017 onwards. Ahead of the resumption of Dublin procedure and transfers to Greece, the Commission recommends Greece to ensure sufficient reception capacity, guarantee at least the minimum standards of the recast Reception Conditions Directive in all facilities, to increase the efficiency of the asylum procedure and to effectively implement the new legal aid scheme.

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Amnesty International 16-12-08:

Pressure on Greece for Dublin returns is 'hypocritical' till sidans topp

European Commission pressure on Greece to improve conditions so that Dublin transfers to Greece can resume is hypocritical, as one of the main reasons why conditions for refugees in Greece - particularly on the islands - are so dire, is the EU's deal with Turkey, said Amnesty International.

The reaction comes in response to an announcement today by the European Commission that EU member states will be able to return migrants to Greece from mid-March.

"It seems that for the European Commission all roads for refugees lead to Greece. It is outrageously hypocritical of the European Commission to insinuate that Greece alone is to blame for dire conditions, when the overcrowding and insecure climate on the Greek islands are for the most part caused by the EU-Turkey deal, and compounded by the lack of solidarity from other EU countries to relocate people," said Iverna McGowan, Director of Amnesty International's European Institution's Office.

"Asylum-seekers on the Greek islands face overcrowding, freezing temperatures, lack of hot water, violence and hate-motivated attacks. While we have long called for reception conditions to improve, forcing refugees to stay on the islands only so that they can be returned to Turkey, in line with Turkey's interpretation of the deal, is inhumane. Pressure on Greece must be immediately alleviated, not increased.

Amnesty International recommends that to alleviate pressure on Greece:

+ Asylum seekers should urgently be transferred from the islands to the mainland;

+ They should be reunited with their families in other countries;

Relocation to other European countries who have committed to take refugees from Greece should be sped up.

Läs mer (Extern länk)

Se även:

Human Rights Watch 16-12-10: Returns to Greece Put Refugees at Risk (Extern länk)

Europaportalen 16-12-09: Sverige ogillar EU-plan för flyktingar (Extern länk)

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Arkiveringsdatum 161208:

FRA 16-11-23:

FRA Opinion on the impact on children of the proposal for a revised Dublin Regulation till sidans topp

This opinion analyses the effects on children of the proposed recast Dublin Regulation. It covers child-specific rules as well as provisions relating to all asylum applicants that significantly affect children.

Where possible, the opinion points to the potential practical effects on children of the envisaged changes to the Dublin system, drawing on the results of the 2015 evaluation of the Dublin Regulation. This opinion does therefore not look at all fundamental rights issues arising from the proposed changes to the Dublin Regulation.

The opinion covers the following:

1. Excluding certain categories of applicants from the Dublin Regulation and its impact on the rights of the child and the right to respect for family life;

2. The impact of sanctions for unauthorised secondary movements;

3. Procedural safeguards for children;

4. Best interests of the child;

5. Corrective allocation mechanism and fundamental rights.

Hämta uttalandet (Extern länk)

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ECRE 16-11-29:

ECRE comments on proposals for reform of the Common European Asylum System till sidans topp

The European Commission has tabled seven legislative proposals for the reform of the Common European Asylum System (CEAS), in two packages published on 4 May and 13 July 2016.

ECRE has published comments on four proposals, concerning the reform of the Dublin Regulation, the expansion of the Eurodac database, the transformation of EASO into an Agency for Asylum, as well as the recast of the Reception Conditions Directive:

(...)

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Arkiveringsdatum 160914:

Meijers Committee 16-10-10:

Statement on Dublin IV behalf of the Meijers Committee till sidans topp

By Ms. Nejra Kalkan, Executive Secretary during the public hearing on 'The reform of the Dublin System and Crisis Relocation' of 10 October 2016

The Meijers Committee is concerned with this recast because it has been a very short time since the latest Dublin III proposal entered into force. Moreover, it envisages a continuation of the present Dublin system, a system that has so far proven to be ineffective.

Member States on the EU's external borders have been overburdened with the high amount of asylum seekers entering the EU through their territories.

I will take you through some cases of the European Court of Human Right and EU Court of Justice and shed light on certain aspects of the proposal.

Often when we talk about rules and legislation and even numbers, we tend to forget the people and the stories behind it.

Läs eller hämta ställningstagandet (Extern länk till pdf-fil)

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Arkiveringsdatum 160831:

EU-kommissionen 16-08-21:

Förslaget till omarbetning av Dublinförordningen, nu på svenska till sidans topp

KOM(2016) 270 final: Förslag till Europaparlamentets och Rådets förordning om kriterier och mekanismer för att avgöra vilken medlemsstat som är ansvarig för att pröva en ansökan om internationellt skydd som en tredjelandsmedborgare eller en statslös person har lämnat in i någon medlemsstat (omarbetning)

Läs eller hämta dokumentet (Extern länk)

Ekathimerini 16-08-17: Gov't seeking revision of Dublin Regulation returning migrants (Extern länk)

Se också:

EU-kommissionen 16-08-21: Förslaget till omarbetning av Eurodacförordningen (Extern länk)

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Källor: Informationen på denna sida är hämtad från följande källor (externa länkar): EU (kommissionen, ministerrådet, parlamentet och domstolen), Europarådet (mr-kommissionären, domstolen, kommittén mot tortyr), FN:s flyktingkommissariat UNHCR, FN:s kommitté mot tortyr m.fl. FN-organ, Sveriges Radio, SvT, andra svenska media via Nyhetsfilter och pressmeddelanden via Newsdesk, utländska media till exempel via Are You Syrious och Rights in Exile, internationella organisationer som Amnesty International, Human Rights Watch, ECRE, Statewatch och Picum, organisationer i Sverige som Rädda Barnen, Asylrättscentrum, Svenska Amnesty, FARR, #vistårinteut och InfoTorg Juridik (betaltjänst) samt myndigheter och politiska organ som Migrationsverket, Sveriges domstolar, JO, Justitiedepartementet m.fl. departement och Sveriges Riksdag.

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