Focusing on the certified shortcomings of the Dublin system and on the recent debate fuelled by the May 2016 proposal of the European Commission (where minimum policy changes to the current Dublin Regulation have been foreseen), the Brief urges the Italian Government to take a proactive stance (not limited to propose the deletion of the irregular entry criterion, or to complain about the fault of solidarity from other Member States) and advocates the need to make significant changes towards an effective and reasonable system of allocation of asylum seekers. To make these changes possible, a ‘genuine link approach’ between the asylum seeker and the competent EU Member State is suggested, able to substitute the irregular entry criterion and – in the same time – to address the main concerns of many Member States and of other relevant stakeholders. A centralized system for registering all the applications and the attribution of relevant shares according to a reference key would be the first steps in this direction, followed by an assessment of the asylum seeker that takes into account the pivotal importance of the possible relationship(s) of the concerned person with a suitable Member State (or more) through objectively verifiable connections such as family links (in a broader sense than the current one), language, professional and educational ties, private sponsorship and so on. The MS declared competent would fill its annual share of asylum seekers with applicants who are – at least in part – likely to raise less problems as far as financial costs and social integration are concerned and can contribute to the local economy. The whole procedure would be more balanced and less conflictual, while the drivers for secondary movements will be reduced to a large extent. In order to prevent a possible overburden on some Member States (which are usually preferred by asylum seekers as host country), some corrective and compensatory tools are proposed. The recognition of a limited degree of free circulation for economic purposes, to the benefit of the recognized refugee, is suggested too.
La Serie “Policy Briefs” dell’Osservatorio discute in maniera sintetica e policy-oriented i temi di maggiore attualità nel dibattito italiano ed europeo, offrendo un contributo di idee e spunti ai decisori politici e alla comunità degli esperti. Tra i Briefs recentemente pubblicati possono essere menzionati i seguenti: The EU external policy on migration and asylum: What role for Italy in shaping its future? (A.V. Palm, May 2017); Critical aspects of the Hungarian Law on asylum seekers’ detention (E. Andriolo, June 2017); Welfare Tourism within the EU: Filling the Perception Gap (D. Pedrali, July 2017).
The reform of the Dublin system and the need to go beyond a simple restyling: a possible negotiating strategy for Italy
di filippo m.
2017-01-01
Abstract
Focusing on the certified shortcomings of the Dublin system and on the recent debate fuelled by the May 2016 proposal of the European Commission (where minimum policy changes to the current Dublin Regulation have been foreseen), the Brief urges the Italian Government to take a proactive stance (not limited to propose the deletion of the irregular entry criterion, or to complain about the fault of solidarity from other Member States) and advocates the need to make significant changes towards an effective and reasonable system of allocation of asylum seekers. To make these changes possible, a ‘genuine link approach’ between the asylum seeker and the competent EU Member State is suggested, able to substitute the irregular entry criterion and – in the same time – to address the main concerns of many Member States and of other relevant stakeholders. A centralized system for registering all the applications and the attribution of relevant shares according to a reference key would be the first steps in this direction, followed by an assessment of the asylum seeker that takes into account the pivotal importance of the possible relationship(s) of the concerned person with a suitable Member State (or more) through objectively verifiable connections such as family links (in a broader sense than the current one), language, professional and educational ties, private sponsorship and so on. The MS declared competent would fill its annual share of asylum seekers with applicants who are – at least in part – likely to raise less problems as far as financial costs and social integration are concerned and can contribute to the local economy. The whole procedure would be more balanced and less conflictual, while the drivers for secondary movements will be reduced to a large extent. In order to prevent a possible overburden on some Member States (which are usually preferred by asylum seekers as host country), some corrective and compensatory tools are proposed. The recognition of a limited degree of free circulation for economic purposes, to the benefit of the recognized refugee, is suggested too.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
