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The Dublin Convention on Asylum: Between Reality and Aspirations

Cláudia Faria (ed.)
ISBN 13 978-90-6779-165-6 EIPA Code #: 2001/10 Year: 2001 Pages: 384

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This is the second book produced by the European Institute of Public Administration (EIPA) on the subject of the Dublin Convention on Asylum. Like the previous publication, this one is the result of a training project on the Dublin Convention carried out by EIPA in 2001, which was partially financed by the European Commission in the framework of the Odysseus Programme. This book is a compilation of key texts in English and French written by practitioners (including judges in this latest publication) and academics on the contents of the Dublin Convention, its implementation, relevant case law in the EU Member States, and the future prospects for the Convention, in particular its replacement by an instrument of Community law following the entry into force of the Amsterdam Treaty, the realisation of which was the subject of a recent proposal by the European Commission. The major difficulties encountered in its application (time-limit provisions, the exchange of information, the opt-out clause, the humanitarian clause, differences in asylum practice in the Member States) are discussed in detail using practical cases developed mainly on the basis of appeals lodged with and considered by national courts or appeal authorities when enforcing the Dublin Convention, with a view to identifying common approaches to specific problems - approaches which could provide the basis for the uniform and consistent application of the Dublin Convention. Procedures and structures set up in the Member States for the application of the Dublin Convention are shown in comparative tables and graphs. This publication has been conceived as a valuable working tool for those involved in the application of the Convention, for practitioners from the candidate countries, as well as trainers and all others interested in the topic. It also includes in its annexes the full text of the Dublin Convention and the decisions on its implementation with useful cross references, as well as several other relevant instruments.