Schengen Agreement And Dublin Regulation
// 6 октября 2021 // Без рубрики
In 1990, the Member States signed the Dublin Convention, the first version of the law, in the Irish capital. Since then, it has been amended several times to address various problems and now has the legal status of a regulation; the current version is called Dublin III. In the whole of the European Union, albeit for technical reasons, something different in Denmark. Four countries outside the Union have also agreed to apply the Regulation on their territory: Iceland, Liechtenstein, Norway and Switzerland. After ECRE openly criticised the Greek asylum system by UNHCR and other non-governmental organisations, including the lack of protection and custody of unaccompanied children, several countries suspended the transfer of asylum seekers to Greece, in line with the Dublin II Regulation. In February 2008, Norway announced the halt of the transfer of asylum seekers to Greece, in accordance with the Dublin II Regulation. In September, it backtracked and announced that transfers to Greece would be based on individual assessments.  In April 2008, Finland announced a similar approach.  The application of this Regulation may significantly delay the filing of claims and result in claims never being heard. The incarccation to enforce transfers of asylum seekers from the State where they apply to the State deemed responsible, also known as Dublin transfers, the separation of families and the denial of an effective possibility of appeal against transfers.
The Dublin system also increases pressure on regions bordering the EU, where the majority of asylum seekers enter the EU and where asylum seekers are often the least likely to provide support and protection.  It is named after the city of Luxembourg where the original contract was signed in 1985. The Schengen area started with only five countries and was set up separately from the European Union, but it was included in the 1997 Amsterdam Treaty of the Union, with provisions for some nations to “unsubscribe”. The regulation is also criticised by the Council of Europe Commissioner for Human Rights for undermining the rights of refugees.  The Schengen Association Agreement provides for the creation of a national data protection supervisory authority in all States participating in Schengen cooperation. In Switzerland, this supervision is carried out by the Federal Data Protection and Public Protection Officer (EDÖB) and by the cantonal data protection authorities in their respective areas of competence. The data protection authorities shall be responsible for the supervision of SIS and the services involved in the management and use of the system. They shall also ensure the effective exercise of the rights of data subjects to the processing of personal data in this context. These efforts are in line with the recommendations already made by the Executive Committee, for example in its Conclusion No. 15 (Refugees without a Country of Asylum) of 1979.
In that conclusion, the Executive Committee invited States to consider the criteria by which States may agree on the State responsible for examining a claim for asylum, as well as agreements providing for the repatriation by States of persons who have entered their territories from another State. These provisions should ensure the verification of rights, reduce multiple applications and minimize the creation of “refugees in orbit”. On 26 October 2004, Switzerland concluded a Schengen Association Agreement and a Dublin Association Agreement. These agreements entered into force on 1 March 2008 and Switzerland was connected to the SIS system on 14 August 2008. . . .