CYIL vol. 7 (2016)

280

MONIKA FOREJTOVÁ

CYIL 7 ȍ2016Ȏ

were not designed to ensure a sustainable sharing of responsibility across the EU and

guarantee timely processing of applications. The Commission is to make the Dublin

System more transparent and enhance its effectiveness, while providing a mechanism

to deal with situations of disproportionate pressure on Member States’ asylum systems.

The new system is designed to be fairer but also more robust, one that is better able to

withstand pressure. The new system should ensure quick determination of Member

States’ responsibility for examining an asylum application, protecting those in need,

and discouraging secondary movements (‘asylum shopping’).

The new elements, according to the Commission’s proposal, will include:

A fairer system based on solidarity: with a corrective allocation mechanism (the

fairness mechanism).

The new system will automatically establish when a country

is handling a disproportionate number of asylum applications. It will do this by

reference to a country’s size and wealth. If one country is receiving disproportionate

numbers above and beyond that reference (over 150% of the reference number), all

further new applicants in that country will (regardless of nationality) be relocated,

after an admissibility verification of their application, across the EU until the number

of applications is back below that level. A Member State will also have the option

to temporarily not take part in the reallocation. In that case, it would have to make

a solidarity contribution of € 250,000 for each applicant for whom it would otherwise

have been responsible under the fairness mechanism, to the Member State that the

person is reallocated instead.

This package should be the first step in the comprehensive reform of the Common

European Asylum System. A second stage of legislative proposals reforming the Asylum

Procedures, Qualification Directives, as well as the Reception Conditions Directive,

will follow, according to the Commission, to ensure the full reform of all parts of the

EU asylum system.

The fact that the Commission already calculates with the possibility that the

relocation system might fail is solved by the payment from the Member State, called

a “Solidarity Contribution” of € 250,000 for each applicant refused by the Member

State. This is associated with the subsequent level of procedural protection of persons

in the asylum procedures, which is described below.

The Czech government still refuses the allocation quotas,

clanek/sobotka-cesko-odmita-a-bude-odmitat-kvoty/.