Proposal amending Regulation as regards determining the Member State responsible for examining unaccompanied minors’ international protection application

The proposal for a Regulation of the European Parliament and of the Council, amending Regulation (EU) No 604/2013, aims at clarifying Member States’ responsibilities for examining the application for international protection of unaccompanied minors

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According to the regulation (EU) No 604/2013 of the European Parliament and of the Council, the Member State where the unaccompanied minor, with no family member, sibling or relative legally present in a Member State, has lodged the application for international protection is the Member State responsible for examining that application.

In addition, the regulation also provides more detailed guidelines as regards to Member States’ responsibilities depending on the unaccompanied minor’s situation (application lodged in another Member State, decision taken at first instance by another Member State, request of transfer, etc.).

The main amendments to the initial regulation are explicitly set out in the European Parliament and Council proposal.

In particular:

  • It is explicitly referred to the Directive 2011/36/EU on preventing and combatting trafficking in human beings and protecting its victims in order to deter secondary movements in Member States;
  • The necessity to carry out assessment age procedures is mentioned as a specific circumstance that must be taken into account while implementing the Dublin procedure;
  • Paragraph 4.c is being modified to clarify the roles and responsibilities of Member States in the context of the transfer of an unaccompanied minor.

Read also the EMN Ad-hoc query on unaccompanied minors, 2012

Publication Date: Fri 21 Nov 2014
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