Caught between 'Dublin' and the deep blue sea: 'small' Member States and European Union 'burden-sharing' responses to the unauthorized entry of seabourne asylum seekers in the Mediterranean from 2005-2010.

• Main Author: Warner, Frendehl Sipaco
• Format: Other/Unknown Material
• Language: English
• Published: University of Canterbury. National Centre for Research on Europe 2013
• Subjects: European Union; Dublin Regulation; irregular migration; burden-sharing; asylum; Mediterranean; Norway; Iceland
• Online Access: http://hdl.handle.net/10092/9231; https://doi.org/10.26021/4443

The Dublin Regulation determines the Member State responsible for accepting and making a decision on asylum claims lodged in the European Union (‘EU’), Norway and Iceland. It aims to ensure that each asylum claim is examined by one and only one Member State, to put an end to the practice of ‘asylum shopping’ and to prevent repeated applications, both of which have been costly for the receiving Member States and caused severe inefficiencies in the determination processes in the EU in the past. With the first Member State of entry being the major determinant for the allocation of asylum responsibility under the Dublin Regulation, there has been growing discontent among Member States at the external borders of the EU, particularly the southern Member States in the Mediterranean, over what they see as a system that has unjustly placed disproportionate burdens on them regarding the admission of seaborne asylum seekers and the costs associated with it. As a result of changes in migration rules and consequent adjustments in the entry strategy employed by irregular migrants and people smugglers, the Member States at the EU’s ‘southern frontline’ have unwillingly played the role of reluctant hosts to boatloads of unwelcome asylum seekers. This thesis aims to examine how the EU has attempted to tackle the challenging situation of the unauthorised migration of asylum seekers into its territory by sea, and in particular, how it has responded to demands from affected Member States for a more equitable system of asylum responsibility allocation in spite of and outside the Dublin framework. It would argue that the ‘small’ EU Member States in the Mediterranean themselves have, over the last five years at least, become the unexpected drivers of the EU’s declared commitment to the principles of ‘solidarity’, ‘fair sharing of responsibility’ and ‘effective multilateralism’. ‘ Small’ as they may be in terms of resources, size or influence vis-à-vis the larger Member States, the former have been able to create their own mark in a ...