24 April 2018
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Proposal for a Regulation of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) (7863-18, pdf)
The Council developing its negotiatiing position which includes:
"discourage abuses and prevent secondary movements of the applicants within the EU, in particular by including clear obligations for applicants to apply in the Member State of first entry and to remain in the Member State that has been determined as responsible under the Dublin list of criteria."
And see: New Dublin: Reversing the Dynamics (LIMITE doc no: 7674-18, pdf). In the second and third phases of a (refugee) "crisis" the European Council takes over:
"The third phase of the mechanism (marked in red in graphic 2) defines the broad parameters that will come into play in the event of a severe crisis. The main responsibilities in this phase lie at the European Council level. Any measures adopted when this level of pressure is reached should be based on political direction from the leaders. As well as the European Council being able to upgrade or prolong some or all of the measures triggered during the previous phases, leaders may also decide upon extraordinary measures, depending on the scope and specific characteristics of the crisis at hand. All measures decided upon by the leaders will be operationalised by the Council and implemented by the Commission and Member States, in line with the directions and guidelines given by the leaders."
Tony Bunyan, Statewatch Director, comments:
"A familiar pattern is emerging. Llike in the financial crisis the response to a new "refugee crisis" will lie with the European Council (EU "Leaders"). Responsibility will thus not rest with the Justice and Home Affairs Council, the Commission, the European Parliament or with Member States (and their governments)."
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