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After Dublin – the urgent need for a real European asylum system

Doc. 13866: compendium of written amendments | Doc. 13866 | 29/09/2015 | Revised version

Compendium index

Amendment 20 Amendment 6 Amendment 18 Sub-amendment 1 to amendment 18 Amendment 21 Sub-amendment 1 to amendment 21 Amendment 16 Amendment 7 Amendment 8 Amendment 22 Amendment 23 Amendment 1 Amendment 3 Amendment 2 Amendment 9 Amendment 5 Amendment 10 Amendment 24 Amendment 25 Sub-amendment 1 to amendment 25 Amendment 26 Sub-amendment 1 to amendment 26 Amendment 27 Amendment 15 Amendment 28 Amendment 14 Amendment 29 Amendment 4 Amendment 19 Amendment 11 Amendment 12 Amendment 13 Amendment 17

Caption: AdoptedRejectedWithdrawnNo electronic votes

ADraft Resolution

1As Parties to the 1951 Convention relating to the Status of Refugees, all Council of Europe member States have an obligation to protect refugees. In order to determine who should benefit from this protection and thereby avoid breaches of the obligation, it is necessary to examine individual asylum applications.
2The Dublin Regulation is a European Union legal instrument establishing a system for definitive identification of the participating State responsible for examining a particular application. Alongside other instruments and mechanisms, it forms part of the European Union’s wider Common European Asylum System (CEAS). Its essential purpose is to address the problems of “asylum shopping” and “refugees in orbit”. Addressing these problems remains crucial for the CEAS to function as it should.
3Since the original Dublin Convention was adopted in 1990, however, the scale, nature and geographical focus of mass migration into the European Union have changed significantly, with especially dramatic developments in recent years. In addition, the distribution of asylum applicants between participating States is extremely uneven, in many cases simply because of their geographical location – for example, in 2014, five participating States dealt with 72% of all applications.

29 September 2015

Tabled by the Committee on Legal Affairs and Human Rights

In the draft resolution, paragraph 3, at the end of the first sentence, add the following words: ", and in particular in the last few weeks".

4The Dublin system is not intended or capable of functioning as a “burden-sharing” mechanism to counteract this inequity. On the contrary, the inequity is exacerbated by Dublin transfers of asylum applicants based on the criterion of “irregular border crossing” – the most commonly evoked, by which asylum seekers are transferred to the country of first entry to European Union territory. The Dublin system has thus become a symbol of unfairness and lack of solidarity in European asylum policy, in particular the CEAS, which lacks an effective compensatory mechanism for redistributing the burden.

29 September 2015

Tabled by Sir Christopher CHOPE, Mr Serhii KIRAL, Lord Alexander DUNDEE, Mr Brian BINLEY, Sir Roger GALE, Lady Diana ECCLES, Mr Zviad KVATCHANTIRADZE

Votes: 31 in favor 78 against 1 abstention

In the draft resolution, paragraph 4, delete the last sentence.

29 September 2015

Tabled by Mr Reha DENEMEÇ, Mr Süreyya Sadi BİLGİÇ, Mr Suat ÖNAL, Mr Ali ŞAHİN, Mr Ahmet Berat ÇONKAR, Mr Ekmeleddin Mehmet İHSANOĞLU, Mr Mustafa Sait GÖNEN, Ms Tülin ERKAL KARA, Mr Şaban DİŞLİ

Votes: 97 in favor 8 against 6 abstentions

In the draft resolution, after paragraph 4, insert the following paragraph:

"The dysfunctionality inherent in the Dublin system has its adverse effects beyond the borders of the EU. The core of the system which stipulates the transfer of refugees to the first country of entry to the EU has brought about an additional, often hidden unfairness: that the first country of entry to the EU tends to reject the asylum application artificially in order to be in a position to send these asylum seekers to the last transit country in which they had been present before entry into the EU. This puts an additional and unfair burden on non-EU Council of Europe member states which are mainly on the transit route."

Explanatory note

The adverse effects caused by the Dublin system to the Council of Europe member States which are not members of the EU should be taken into account with a view to reaching a better understanding of the consequences of the Dublin system in all Europe.

29 September 2015

Tabled by the Committee on Migration, Refugees and Displaced Persons

In amendment 18, second sentence, replace the words "that the first country of entry" with the following words: "that in some cases, the first country of entry".

5Furthermore, the Dublin system has given rise to violations of asylum seekers’ human rights, including the right to family life, the right not to be subjected to inhuman or degrading treatment, the right not to be subjected to refoulement, the right not to be detained arbitrarily and the right to an effective remedy. Some of these violations have been the subject of court judgments, including of the European Court of Human Rights. The Dublin system may also subject asylum applicants to a lengthy period of uncertainty and precarity before the State responsible for examining their application is identified; this may be further prolonged where the person concerned is transferred to a country with lengthy delays in its asylum procedures.

29 September 2015

Tabled by the Committee on Legal Affairs and Human Rights

Votes: 99 in favor 1 against 14 abstentions

In the draft resolution, paragraph 5, replace the first two sentences with the following sentences: "Furthermore, the implementation of the Dublin system has in a number of instances given rise to violations of asylum seeker's human rights, such as the right not to be subjected to inhuman or degrading treatment, the right not to be detained arbitrarily, the right to respect for private and family life, the right to an effective remedy and the prohibition of collective expulsions. Some of these violations have been confirmed by court judgments at the national or European level; it is noteworthy that in its judgment M.S.S. v. Belgium and Greece and in a few other cases, the European Court of Human Rights has criticised the return of some asylum seekers to Greece, because of flawed asylum procedures and poor conditions of detention of irregular migrants."

29 September 2015

Tabled by the Committee on Migration, Refugees and Displaced Persons

In amendment 21, at the end of the second sentence, delete the following words: "; it is noteworthy that in its judgment M.S.S. v. Belgium and Greece and in a few other cases, the European Court of Human Rights has criticised the return of some asylum seekers to Greece, because of flawed asylum procedures and poor conditions of detention of irregular migrants."

29 September 2015

Tabled by Mr Brian BINLEY, Mr Serhii KIRAL, Lord Alexander DUNDEE, Lord Richard BALFE, Sir Roger GALE, Lady Diana ECCLES

Votes: 24 in favor 82 against 10 abstentions

In the draft resolution, paragraph 5, delete the following words: "; this may be further prolonged where the person concerned is transferred to a country with lengthy delays in its asylum procedures."

6Many of these problems are caused by deficiencies in implementation of other elements of the CEAS, in particular the Eurodac Regulation (on fingerprinting of asylum applicants), the reception conditions directive and the asylum procedures directive, which may obstruct proper implementation of the Dublin system. Indeed, the fact that transfers of asylum applicants to a particular country constitute a burden is a perverse incentive not fully to comply with these other instruments. In the case of the reception conditions and asylum procedures directives, this comes at great cost to the protection afforded to asylum applicants.

29 September 2015

Tabled by Sir Christopher CHOPE, Mr Serhii KIRAL, Lord Alexander DUNDEE, Mr Brian BINLEY, Lord Richard BALFE, Sir Roger GALE, Lady Diana ECCLES, Mr Zviad KVATCHANTIRADZE

Votes: 34 in favor 80 against 3 abstentions

In the draft resolution, replace paragraph 6 with the following paragraph:

"Possible deficiencies in CEAS and the Eurodac Regulation and other related directives need to be addressed in order to speed up the proper registration of asylum seekers and to filter economic migrants from war refugees."

7The Parliamentary Assembly concludes that the Dublin system is dysfunctional. It is not effective and certainly not efficient in achieving its basic aims, and its operation in practice has an unacceptably high human cost for asylum applicants and resource cost to participating States in complying with its lengthy and complicated procedures, whilst only aggravating the unfair repartition of responsibility. Furthermore, it is difficult to see how the Dublin system can operate as intended, as it depends on the still unfulfilled assumption that all participating States are able to ensure protection of asylum applicants and properly cope with the number of applications they receive. Indeed, recent events in Germany, Austria, Hungary and elsewhere show that the Dublin system has already collapsed and must be reformed as a matter of urgency.

29 September 2015

Tabled by Sir Christopher CHOPE, Mr Serhii KIRAL, Lord Alexander DUNDEE, Mr Brian BINLEY, Sir Roger GALE, Lady Diana ECCLES

If adopted, amendment 22 falls.

Votes: 28 in favor 88 against 4 abstentions

In the draft resolution, delete paragraph 7.

29 September 2015

Tabled by the Committee on Legal Affairs and Human Rights

Falls if amendment 8 is adopted.

Votes: 87 in favor 25 against 8 abstentions

In the draft resolution, paragraph 7, replace the first sentence with the following sentence: "The Parliamentary Assembly has already expressed criticism about the functioning of the Dublin system, in particular in its Resolutions 2000 (2014) on the large-scale arrivals of mixed migratory flows on Italian shores, Resolution 1918 (2013) "Migration and asylum: mounting tensions in the eastern Mediterranean" and Resolution 1820 (2011) "Asylum seekers and refugees: sharing responsibilities in Europe", and concludes that the Dublin system is dysfunctional."

8The Dublin system, including both the Regulation itself and its implementation in practice, is thus in urgent need of reform – as, indeed, is the wider CEAS. Without far-reaching reform, there is a risk of participating States suspending or withdrawing from the Dublin system, which would cause chaos and confusion. The Assembly welcomes the fact that the European Commission will conduct an evaluation of the Dublin system in 2016 and takes note of the European Council conclusions of 26 June 2015. Nevertheless, many necessary measures can and should be taken now, and the need for other, more far-reaching ones is already apparent. Whilst reform of the Dublin system cannot provide answers to all of the questions raised by today’s mixed migratory flows to and around Europe, failure to reform it will undermine all other efforts to address the issue and place the entire CEAS in jeopardy. European political solidarity is at stake.
9The Assembly therefore recommends, as regards implementation of the Dublin system and related instruments:

29 September 2015

Tabled by the Committee on Legal Affairs and Human Rights

In the draft resolution, paragraph 9, after the word "recommends" insert the following words: "to the European Union and its member States".

9.1strict application of the family-related responsibility criteria and provisions concerning the best interests of the child, notably those relating to unaccompanied minors;

29 September 2015

Tabled by Ms Lotta JOHNSSON FORNARVE, Mr Nikolaj VILLUMSEN, Ms Vasiliki KATRIVANOU, Ms Athanasia ANAGNOSTOPOULOU, Ms Ioanneta KAVVADIA, Mr Dimitris VITSAS, Ms Nina KASIMATI, Mr Snorre Serigstad VALEN, Mr Matjaž HANŽEK

Votes: 76 in favor 37 against 6 abstentions

In the draft resolution, before paragraph 9.1, insert the following paragraph:

"to include a permanent binding system of distribution of asylum seekers between Member States, using fair, compulsory allocation criteria, while taking into account the prospects of integration and the needs and specific circumstances of asylum seekers themselves;"

29 September 2015

Tabled by Ms Lotta JOHNSSON FORNARVE, Mr Nikolaj VILLUMSEN, Mr Matjaž HANŽEK, Mr Andrej HUNKO, Mr George LOUCAIDES, Ms Vasiliki KATRIVANOU, Ms Athanasia ANAGNOSTOPOULOU, Ms Ioanneta KAVVADIA, Mr Dimitris VITSAS, Ms Nina KASIMATI, Mr Snorre Serigstad VALEN

Votes: 72 in favor 38 against 9 abstentions

In the draft resolution, at the end of paragraph 9.1, add the following words: "and to facilitate family reunification beyond the nuclear family"

29 September 2015

Tabled by Ms Lotta JOHNSSON FORNARVE, Mr Nikolaj VILLUMSEN, Ms Vasiliki KATRIVANOU, Ms Athanasia ANAGNOSTOPOULOU, Ms Ioanneta KAVVADIA, Mr Dimitris VITSAS, Ms Nina KASIMATI, Mr Snorre Serigstad VALEN

Votes: 20 in favor 95 against 6 abstentions

In the draft resolution, after paragraph 9.1, insert the following paragraph:

"Prioritisation of the provision of safe and legal access to the EU for migrants and asylum-seekers, including the use of humanitarian visas and resettlement for asylum-seekers and revising rules of the responsibility of tour operators as regards transport of refugees without valid documents."

9.2application of the dependent persons and humanitarian clauses in a fair, humane and flexible manner, taking greater account of asylum seekers’ preferences;

29 September 2015

Tabled by Sir Christopher CHOPE, Mr Serhii KIRAL, Lord Richard BALFE, Sir Roger GALE, Lady Diana ECCLES

Votes: 34 in favor 77 against 8 abstentions

In the draft resolution, paragraph 9.2, delete the following words: ", taking greater account of asylum seekers' preferences".

9.3rigorous application of the discretionary clauses where a transfer would be incompatible with obligations under international law;
9.4avoidance of reflexive recourse to the criterion of “irregular border crossing” in order to return asylum applicants to the country of first entry;

29 September 2015

Tabled by Ms Lotta JOHNSSON FORNARVE, Mr Nikolaj VILLUMSEN, Ms Vasiliki KATRIVANOU, Ms Athanasia ANAGNOSTOPOULOU, Ms Ioanneta KAVVADIA, Mr Dimitris VITSAS, Ms Nina KASIMATI, Mr Matjaž HANŽEK

Votes: 21 in favor 85 against 15 abstentions

In the draft resolution, delete paragraph 9.4.

29 September 2015

Tabled by Sir Christopher CHOPE, Mr Serhii KIRAL, Lord Alexander DUNDEE, Mr Brian BINLEY, Sir Roger GALE, Lady Diana ECCLES

In the draft resolution, delete paragraph 9.4.

9.5aggressively proactive use of the mechanism for early warning, preparedness and crisis management in anticipation of critical pressure on or problems in the functioning of a participating State’s asylum system;
9.6prompt and full implementation of relevant judgments of the European Court of Human Rights and the Court of Justice of the European Union;

29 September 2015

Tabled by the Committee on Legal Affairs and Human Rights

In the draft resolution, delete paragraph 9.6.

9.7full and effective implementation of the reception conditions and asylum procedures directives by relevant States;
9.8enhancing the resources available to and making greater use of financial mechanisms such as the Asylum, Migration and Integration Fund;
9.9greater sharing of expertise and provision of technical assistance, including through the European Asylum Support Office.

29 September 2015

Tabled by the Committee on Legal Affairs and Human Rights

Votes: 108 in favor 5 against 10 abstentions

In the draft resolution, after paragraph 9.9, insert the following paragraph:

"prompt and full implementation of relevant judgments of the European Court of Human Rights."

29 September 2015

Tabled by the Committee on Migration, Refugees and Displaced Persons

Votes: 108 in favor 2 against 9 abstentions

In amendment 25, after the words "the European Court of Human Rights", add the following words: "and the Court of Justice of the European Union".

10As regards the wider context within which the Dublin system operates and on which it is dependent, the Assembly recommends:
10.1greater harmonisation and stronger supervision of national refugee-status determination procedures, leading to mutual recognition of positive national status-determination decisions; or otherwise “joint” processing of asylum applications, which would have the advantage of contributing to burden sharing;

29 September 2015

Tabled by the Committee on Legal Affairs and Human Rights

Votes: 93 in favor 19 against 9 abstentions

In the draft resolution, before paragraph 10.1, insert the following paragraph:

"ensuring harmonisation of national asylum procedures and standards through the full, effective and coherent implementation of the Asylum Procedures Directive 2013/32/EU, the Reception Conditions Directive 2013/33/EU and the Qualification Directive 2011/95/EU;"

29 September 2015

Tabled by the Committee on Migration, Refugees and Displaced Persons

Votes: 90 in favor 12 against 14 abstentions

In amendment 26, replace the words "before paragraph 10.1, insert the following paragraph" with the following words: "replace paragraph 9.7 with the following paragraph".

29 September 2015

Tabled by the Committee on Legal Affairs and Human Rights

In the draft resolution, paragraph 10.1, delete the following words: "greater harmonisation and".

10.2ensuring, through appropriate, automatic procedures, relocation of recognised refugees on a level adequate to ensure equitable burden sharing amongst the participating States;
10.3introducing a status of “European refugee” for beneficiaries of international protection, allowing transfer of residence and exercise of other rights between States; or otherwise, shortening to two years the qualification period for beneficiaries of international protection to qualify under the long-term residents directive.

29 September 2015

Tabled by Ms Daphné DUMERY, Lady Diana ECCLES, Mr Serhii KIRAL, Sir Roger GALE, Sir Christopher CHOPE

Votes: 32 in favor 83 against 6 abstentions

In the draft resolution, delete paragraph 10.3.

Explanatory note

This new recommendation generates confusion: it is a step to a more federal Europe? This means free movement of recognized refugees? So for example, refugees being recognized in Greece can freely go living in Germany or Sweden?

11As regards revision of the Dublin Regulation, the Assembly recommends:

29 September 2015

Tabled by the Committee on Legal Affairs and Human Rights

In the draft resolution, at the begining of paragraph 11, replace the words "As regards revision of the Dublin regulation, the Assembly recommends" with the following words: "The Assembly calls on the EU and its member States to urgently revise the Dublin regulation. For this purpose, it recommends, in particular:".

11.1prompt adoption of the European Commission’s legislative proposal intended to resolve the ambiguity in the provision regulating responsibility for asylum applications lodged by unaccompanied minors;
11.2considering removal of the criterion of “irregular border crossing” as a basis for determining which State is responsible for an asylum application;

29 September 2015

Tabled by Sir Christopher CHOPE, Mr Serhii KIRAL, Lord Alexander DUNDEE, Mr Brian BINLEY, Sir Roger GALE, Lady Diana ECCLES

Votes: 35 in favor 84 against 3 abstentions

In the draft resolution, delete paragraph 11.2.

29 September 2015

Tabled by the Committee on Legal Affairs and Human Rights

In the draft resolution, after paragraph 11.2, insert the following paragraph:

"considering the introduction of the notion of ‘manifestly founded claims’ in order to speed up asylum procedures;"

11.3taking account of the foregoing recommendations, undertaking an immediate evaluation of the Dublin system, which takes a holistic view of the overall effects of the Dublin system and of the wider context within which it operates.

29 September 2015

Tabled by Ms Lotta JOHNSSON FORNARVE, Ms Vasiliki KATRIVANOU, Ms Athanasia ANAGNOSTOPOULOU, Ms Ioanneta KAVVADIA, Mr Dimitris VITSAS, Ms Nina KASIMATI, Mr Snorre Serigstad VALEN, Mr Matjaž HANŽEK, Mr Nikolaj VILLUMSEN

If adopted, amendment 19 falls.

Votes: 14 in favor 105 against 3 abstentions

In the draft resolution, replace paragraph 11.3 with the following text: "shifting away from the current Dublin regulation and increasing the burden-sharing of reception of asylum-seekers and refugees between member states, including through relocation programmes that take fully into account family, language and cultural ties, adequate funding and reception conditions for open reception centers and closing down of detention centers."

29 September 2015

Tabled by Mr Reha DENEMEÇ, Mr Süreyya Sadi BİLGİÇ, Mr Ahmet Berat ÇONKAR, Mr Suat ÖNAL, Mr Ali ŞAHİN, Ms Tülin ERKAL KARA

Falls if amendment 4 is adopted.

Votes: 108 in favor 6 against 7 abstentions

In the draft resolution, paragraph 11.3, before the word "which", insert the following words: "including the member states of the EU as well as the non-EU member states of the Council of Europe that are in transit routes".

Explanatory note

The non-EU member countries of the Council of Europe are affected by Dublin system. A successful holistic overview of Dublin system requires this factor to be taken into account.

29 September 2015

Tabled by Sir Christopher CHOPE, Mr Serhii KIRAL, Lord Alexander DUNDEE, Mr Brian BINLEY, Sir Roger GALE, Lady Diana ECCLES, Mr Zviad KVATCHANTIRADZE

Votes: 44 in favor 76 against 4 abstentions

At the end of the draft resolution, insert the following paragraph: "The Assembly invites the Kingdom of Saudi Arabia, Kingdom of Bahrain, the Sultanate of Oman, the State of Qatar, the United Arab Emirates and the State of Kuwait to sign up as soon as possible to the 1951 Convention relating to the Status of Refugees and the 1967 Protocol."

29 September 2015

Tabled by Sir Christopher CHOPE, Mr Serhii KIRAL, Lord Richard BALFE, Sir Roger GALE, Lady Diana ECCLES

Votes: 29 in favor 88 against 6 abstentions

At the end of the draft resolution, insert the following paragraph: "The Assembly also recommends that applying for asylum in several Member States, simultaneously or consecutively, should be considered as a severe violation of the asylum procedure which leads to automatic and immediate extradition."

29 September 2015

Tabled by Sir Christopher CHOPE, Mr Serhii KIRAL, Lord Alexander DUNDEE, Mr Brian BINLEY, Sir Roger GALE, Lady Diana ECCLES, Mr Zviad KVATCHANTIRADZE

Votes: 39 in favor 83 against 1 abstention

At the end of the draft resolution, insert the following paragraph: "The Assembly urges the European Commission to immediately restore the territorial integrity of the Nation States by strengthening Frontex and Europol and by increasing the specialised aid to Hungary, Greece, Italy and the applicant countries to defend their outer borders."

29 September 2015

Tabled by Mr Brian BINLEY, Mr Serhii KIRAL, Lord Alexander DUNDEE, Lord Richard BALFE, Mr Ian LIDDELL-GRAINGER, Sir Roger GALE, Lady Diana ECCLES, Mr Zviad KVATCHANTIRADZE

Votes: 35 in favor 89 against 1 abstention

At the end of the draft resolution, insert the following paragraph: "The Assembly recommends that asylum seekers convicted of a felony and/or convicted of repeat offences will lose all rights and will be extradited upon completing their sentence."