Council position on Dublin suspension 'unacceptable' for countries carrying migratory burden - MEP

Under existing EU law, known as the Dublin Regulation, Member States are solely responsbile for asylum seekers who enter their country. Those who move to other EU countries are sent back to the first country of entry.

In December 2008, the European Commission proposed to suspend this rule in the case of Member States that face a disproportionate migratory influx. The European Parliament endorsed this proposal in May last year.

Yesterday the proposal was blocked in the European Council.
"The news from Council is very disappointing because large countries are insisting on shifting Europe's responsibility for asylum seekers onto Member States. This is the opposite of the solidarity that one would expect between EU countries", Busuttil said.

“Let us not forget that Member States are not the intended destination for asylum seekers. They enter the EU from a Member State in order to make it to the larger and more prosperous countries. Member States are therefore being asked to play the role of border guards and asylum shelters for all of Europe.

“Thus, the failure on the part of the large countries to share this responsibility is particularly insensitive," the MEP said.

Last year, the European Parliament made it clear that not only does it want the rules to be suspended in the case of countries facing a disproportionate burden, but it also wants the Commission the propose a compulsory solidarity mechanism by the end of 2011. This position was supported by an overwhelming majority in the European Parliament.

"We continue to insist on this position and if the Council wants to reach an agreement on the review of the Dublin Regulation, then it must show more flexibility," Busuttil said.

A number of national courts in different Member States were already ordering a cease to Dublin transfers to overburdened Member States that cannot cope. "Unless we change Dublin, the courts will change it for us. The Council's state of denial does not help,” Busuttil said.