The reform of the Dublin system and the dystopia of ‘sharing people’

• Francesco Maiani ^[1]
  1. [1] University of Lausanne

     University of Lausanne

     Lausana, Suiza

     
• Localización: Maastricht journal of European and comparative law, ISSN 1023-263X, Vol. 24, Nº. 5, 2017 (Ejemplar dedicado a: Searching for solidarity in the EU asylum and border policies: Constitutional and operational dimensions), págs. 622-645
• Idioma: inglés
• DOI: 10.1177/1023263x17742815
• Enlaces
  • Texto completo
• Dialnet Métricas: 3 Citas
• Resumen

  • In the debate surrounding the reform of the Dublin system, the idea of distributing protection seekers among the Member States on the basis of pre-determined quotas is gaining support. This article examines the proposals currently under consideration, and offers a critical appraisal in light of the experiences garnered under the Dublin system and the 2015 relocation schemes. It advances the argument that, in pursuing fair sharing among the Member States, such proposals risk replicating the failings of the Dublin system. It also advances the broader thesis that sharing large numbers of persons among states, without their consent, is dubious from a legal perspective and practically unfeasible, and that pursuing this option ultimately precludes any hope of establishing a fair, efficient and sustainable Common European Asylum System (CEAS).