Brussels, 03/06/2008 (Agence Europe) - As the European Union is seeking to establish a real common policy on immigration and asylum, it has to be noted that, on the ground, some legislation is not working as it should, as can be seen by the recurrent polemic surrounding the Dublin II Regulation.
Created in 2003, the Regulation aims to define the member state responsible for processing asylum requests. A public hearing, devoted to this on Thursday 29 May, showed that all those concerned (Council, Commission, European Parliament and NGOs) want this system to be clearly improved in the future. Jean Lambert (Greens/EFA), British EP rapporteur on assessing the Dublin system, noted the lack of trust between member states, which is a setback to the system. In her view, it would be necessary to adjust the system so that the burden of asylum request management is shared, and a tool that generates confidence between member sates should be developed. Representing the Slovenian Council Presidency, Matjaz Dovzan commented that member states were aware of the shortcomings of the Dublin II Regulation. He took the view that the system should be improved in order to make application uniform. He also hoped a control and sanction system would be set in place for any breach of the regulation by a member state. Angela Martini, who represents the European Commission, also expressed concern about the non-homogenous application of rules by member states. The current system is only a “first phase” and the Commission will suggest a text aiming at a high level of harmonisation and protection, she nonetheless assured. Chris Nash, of the European Council on Refugees and Exiles (ECRE), said the Dublin system is perhaps viable but it is “ineffective and very costly”. Instead of attaining its objectives, it has contributed to setting up a “lottery” when it comes to asylum, depending on the states in which requests are examined. Berit Lindeman, of Norway's Helsinki Committee, mentioned the case of Greece, “an example of the weaknesses and failings” of Dublin, where asylum seekers are placed in detention and wait for weeks before having a meeting with the authorities. In her view, it is necessary to suspend transfers towards countries that do not comply with asylum procedure. French PES member, Martine Roure, stressed that some countries, such as Malta and Cyprus, bear a “disproportionate” burden which has an impact on the quality of decisions made. It is therefore necessary to share out the burden. (B.C.)