Source: Europa Press Release Database

Background

The Dublin Regulation establishes criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States. The criteria for establishing responsibility run, in hierarchical order, from family considerations, to recent possession of visa or residence permit in a Member State, to whether the applicant has entered EU irregularly, or regularly.

The Dublin III Regulation applies since 1 January 2014 in all Member States, including the UK, Ireland and Denmark (by virtue of an international agreement concluded in 2006 between the European Community and Denmark), as well as in the four non EU countries participating in Schengen (Iceland, Norway, Switzerland and Liechtenstein).

Clearer EU rules for UAMs seeking international protection

Today's proposal amending the Dublin Regulation provides legal certainty in respect of responsibility for examining the application for international protection of unaccompanied minors who have no family, siblings or relatives on the EU territory. It covers the two possible cases of minors in such cases:

• When the minor has lodged multiple applications for international protection, including in the Member State where he or she is currently present, this Member State will be responsible for examining his/her application (provided that this corresponds to the minor's best interest).
• When the minor who is an applicant for international protection is present in the territory of a Member State without having lodged an application there, this Member State must provide him/her with an effective opportunity to lodge an application there.
• If he/she decides to apply in that Member State, he/she will remain in that Member State who will be responsible for examining his/her application (provided that this corresponds to the minor's best interest).
• If he/she decides not to lodge an application in the Member State where he/she is present, the Member State responsible should be the one where the minor has lodged his/her most recent application, unless this is not in the best interests of the minor.

In order to jointly establish the Member State responsible and avoid conflicts of interest, the concerned Member States shall cooperate in assessing the best interests of the minor.

Finally, to facilitate cooperation between Member States and prevent abuse, the proposal provides that Member States must inform each other of a newly assumed responsibility.

The Commission proposal will now be discussed by the European Parliament and the Council of the EU. The Commission hopes an agreement can be reached during the Italian Presidency.