Samenvatting

Despite the latest amendment of the Dublin System, which is supposed to be an improvement compared to the previous versions, especially in terms of protecting the Fundamental Rights of the refugees, the EU is still widely criticized for its asylum policies. Germany, as the Member State that receives the largest number of asylum seekers is also often criticized for the way it deals with asylum seekers. Therefore, this dissertation aims at answering the question Did the recast of the Dublin System, the Dublin III Regulation 604/2013, lead to changes in the practical implementation of the Dublin System in German in vies of the safeguarding of the Fundamental Rights of the refugees?
In order to answer the research question an inductive research is conducted by using mixed methods, including documentary analysis and qualitative interviews. Documentary analysis of the Dublin II and III Regulations, landmark cases and existing literature provides a basis for the following primary research. Interviewing was chosen as the method for the primary research as it is the most suitable method for getting detailed information from different individuals. The chosen interview partners are all experts in the field of the asylum system and the implementation of the Dublin III Regulation in Germany and deal with the system professionally, or on a voluntary basis.
During the review of the existing literature it is identified, that there is a gap in the research that has already been done. While a lot of research is available on the Dublin Regulations in general and the cases that influenced the amendment of the Regulation, research about the practical implementation of the System is missing. The primary research is therefore aimed at finding out in what way the coming into force of the Dublin III Regulation might have changed the implementation of the Dublin System in Germany and if the situation for the refugees changed due to the amended Regulation.
Through the interviews it is established that while some aspects of the asylum system in Germany did noticeably change since the Dublin III Regulation came into force, these changes are not as extensive as expected. Apart from the suspension of transfers of asylum seekers to Greece, several aspects of the System that are problematic from the perspective of the Fundamental Rights of the refugees, remain. This includes the continuing transfers to some Member States where the reception conditions are equally precarious as in Greece, lacking care and accommodation as well as insufficient reviews of the asylum systems and reception conditions in the other countries.
Following the review of the existing literature and the primary research, further research with a larger number of interviewees is suggested. Additionally, changes of the implementation of the Dublin System in Germany, especially regarding the care, accommodation and evaluation of reception conditions in other Member States are recommended.