Abstract
AbstractIn most EU policy areas, procedural cooperation between national administrations takes place through the shared implementation of “composite” decision-making procedures, facilitated by the operation of multijurisdictional networks or horizontal or vertical information exchange. In the context of asylum policy, such administrative cooperation has been necessary in the distribution of asylum seekers—in accordance with the Dublin III Regulation, which allocates responsibility among Member States to examine an asylum application. In addition to rules in the Regulation itself—Article 34—information sharing also takes place through Eurodac, an EU-wide centralized information system. This Article examines whether the Dublin system ensures effective judicial and administrative remedies in the operationalization of multijurisdictional information networks. It analyzes the relevant Eurodac and Dublin-related legislation, national implementation, and national case law through the lens of administrative cooperation. The assumption that the data exchanged has been acquired and processed lawfully, due to interstate trust, and the extent to which that assumption is rebuttable, are central themes throughout this Article. It is argued that administrative cooperation through information sharing takes precedence over the right to an effective remedy, and that, in practice, judicial and extrajudicial remedies are insufficient to protect asylum seekers.
Highlights
In most European Union (EU) policy areas, procedural cooperation between national administrations takes place through the shared implementation of “composite” decision-making procedures, facilitated by the operation of multijurisdictional networks or horizontal or vertical information exchange
In the context of asylum policy, such administrative cooperation has been necessary in the distribution of asylum seekers—in accordance with the Dublin III Regulation, which allocates responsibility among Member States to examine an asylum application
Functioning of the European Union (TFEU), entails that national administrations are increasingly required to interact with one another in various ways
Summary
The ongoing harmonization of national rules on asylum procedure, as aforementioned, does not signify that asylum applications in the EU are examined through a common asylum procedure or that there is a uniform status for those granted asylum within the EU. Asylum applications are still examined by individual Member States following a national asylum procedure and result in national refugee status. To determine which Member State is responsible for examining each application, the regulation prescribes an allocation mechanism comprising a hierarchy of criteria.. A single administrative decision on the territorial belonging of an asylum applicant and their consequent transfer to the responsible Member State may involve multiple jurisdictions and be grounded on the input by national administrations which interact and/or cooperate via established information networks. A prime example of an advanced form of composite information management is Eurodac, a Europe-wide centralized information system which has been established as a support tool of the Dublin system to determine whether a Member State is responsible for the presence of an asylum applicant
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
