Samenvatting

Following the creation of a Schengen area, Member States agreed to create for a mechanism that would assign responsibility of asylum applications lodged within the area towards a sole Member State. This mechanism has become known as the Dublin Regulation. As a basic rule, the first Member State that an asylum seeker enters, is deemed responsible to handle its request for asylum. Supporting the execution of the regulation, the Eurodac computer database registers all fingerprints of asylum seekers and recognises when and where the asylum seeker has been registered before. The Dublin Regulation works effectively but leads to unforeseen practices due to the lack of harmonisation of national asylum policies and an unequal distribution of asylum seekers. Although Reception Conditions Directive 2003/9/EC, the Qualification Directive 2004/83/EC and, the Procedures Directive 2005/85/EC were created to the purpose of further harmonisation, Member States fail to show solidarity towards the minority of states that struggle with a majority of asylum seekers that enter EU territory. Plans were created for a Common European Asylum System. The system is to lead to the provision of a uniform asylum procedure and a similar form of protection within Europe. The set deadline of 2012 is unlikely to be met as Member States lack political will to transfer any of their national powers to the EU level. While asylum procedures and reception conditions greatly differ among Member States, asylum seekers try to reach for the countries that can offer them the best changes of asylum and reception facilities. Upon being send to another Member State under the Dublin Regulation, some asylum seekers rather prefer to live an illegal live than being send back to a country where they are offered less than the minimum standard. Member States should realize their role in adding to the suffering of asylum seekers that enter the EU and consequently enhance their efforts to accomplish the Common European Asylum System. In the meantime, as long as Member States cannot agree on steps leading to more solidarity, it will be necessary to have some sort of mechanism that assigns responsibility of dealing with an asylum application. The Dublin Regulation then is unlikely to be abolished during the development of a future common asylum system.