Published by PRO ASYL, Germany | |
KEY RECOMMENDATIONS ON THE IMPLEMENTATION OF THE DUBLIN CONVENTIONThe European Council on Refugees and Exiles calls on all States party to the Dublin Convention to:1. Not return an asylum seeker to a 'third State', pursuant to Article 3(5) of the Dublin Convention,
2. Implement the Convention in a flexible and humane manner by
invoking the 'opt out' clause of Article 3(4) and the 'humanitarian'
clause of Article 9 in the interests of the asylum seeker; and
to establish operative guidelines to identify those cases where
Articles 3(4) and 9 should normally be applied.
3. Utilise the 'family' grounds provision
in Article 9 to reunite family members resident in different Member
States, regardless of their status.
4. Address the failure of the Convention to provide for the socio -economic
rights of asylum seekers awaiting a decision on the State responsible
for determining their claim, and ensure that these rights are
respected from the first moment of arrival.
5. Provide all asylum seekers with a suspensory right of appeal
against a decision to transfer their application to another Member
State.
6. Harmonise national asylum laws
and procedures in conformity with international refugee and human
rights law and at the level of the highest international standards
so that the Dublin Convention will
create a regional system that is not simply efficient, but also
fair.
7. Ensure that the exchange of personal data takes place under
the auspices of a supervisory body and that personal data is never
disclosed to the asylum seeker's country of origin.
8. Ensure that all transfers of asylum seekers are conducted
in a manner which respects the dignity and physical integrity
of the individual.
9. Take appropriate steps in order to ensure that the Convention
receives a uniform application and interpretation through the
supervision of a supranational judicial
authority such as the European Court of justice. 10. Establish practices of transparency with regard to the implementation of the Convention and to keep the asylum seeker informed on the assessment of his/her case. Die wichtigsten Empfehlungen
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