The article investigates the European Community provisions on the "safe country of origin" and the "safe third country" practices. The analysis focuses on Council Directive 2005/85 concerning the procedures for granting and withdrawing refugee status as well as the Dublin Convention and the subsequent Regulation denominated "Dublin II". These norms provide for the criteria and mechanisms to determine which Member State is responsible for examining asylum applications and they give concrete application to the "safe third country" rule. Notwithstanding the fact that these practices were introduced in order to eliminate abuses in asylum seeking, they do not comply with the international provisions that safeguard refugees and the fundamental rights of individuals.
Spatti, M., La disciplina comunitaria relativa all'allontanamento dei richiedenti asilo verso "Paesi sicuri", <<DIRITTO PUBBLICO COMPARATO ED EUROPEO>>, 2007; (1): 217-243 [http://hdl.handle.net/10807/5182]
La disciplina comunitaria relativa all'allontanamento dei richiedenti asilo verso "Paesi sicuri"
Spatti, Monica
2007
Abstract
The article investigates the European Community provisions on the "safe country of origin" and the "safe third country" practices. The analysis focuses on Council Directive 2005/85 concerning the procedures for granting and withdrawing refugee status as well as the Dublin Convention and the subsequent Regulation denominated "Dublin II". These norms provide for the criteria and mechanisms to determine which Member State is responsible for examining asylum applications and they give concrete application to the "safe third country" rule. Notwithstanding the fact that these practices were introduced in order to eliminate abuses in asylum seeking, they do not comply with the international provisions that safeguard refugees and the fundamental rights of individuals.
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