Dublin Revisited: Geographic Asymmetry and Corrective Allocation Mechanisms

Abstract

Abstract One argument often brought forward in discussions of the Dublin Regulation is that of ‘geographic asymmetry’ in responsibility for asylum application examination. Given the lack of legal entryways to apply for asylum, migrants often have to choose irregular entry routes. Geographic asymmetry refers to the particular challenge experienced by Mediterranean Member States due to their geographic location. This definitively constitutes a problem in the Dublin system. However, as this paper argues, it is an insufficient explanation for the existing asymmetries in the Dublin system. The operation of the Dublin system in the past ten years has created unexpected asymmetries due to compensation mechanisms not foreseen in the Dublin Regulation. This paper includes a discussion of the proposed Dublin IV Regulation with regards to the existing asymmetries and proposes that—in light of implementation experiences with the Dublin system—the suggested allocation mechanism cannot be a viable legal option.