Deficiencies of the Dublin Regulation and the Solidarity Remedy Exemplified by Analysing Cases M.S.S. v Belgium and Greece and Tarakhel v Switzerland

Authors

• Zarah Schmidt

Keywords:

Dublin Regulation, Common European Asylum System, European Court of Human Rights, solidarity, burden sharing, fundamental rights, reception conditions

Abstract

This paper focuses on one of the cornerstones of the Common European Asylum System: the Dublin Regulation. It will be shown that the principles building the core of the Dublin System are difficult to reconcile with the realities in the overburdened southern and eastern Member States of the European Union. Special weight will be given to the issues of solidarity with the frontline states and burden sharing among the parties to the Regulation, without which basic rights such as dignity and security for asylum seekers cannot be guaranteed throughout Europe. Through analysing two landmark decisions, M.S.S. v. Belgium and Greece and Tarakhel v. Switzerland in front of the European Court of Human Rights, it will be shown that the incorrect or negligent use of the Dublin Regulation can lead to serious violations of fundamental rights of the asylum seekers.