Persistent Challenges in Dublin Overstep System: Thousands of Cases Stalled
Introduction
The Dublin Regulation, a cornerstone of the European Union’s asylum system, assigns responsibility for processing asylum applications to the first EU member state where an individual enters the bloc. However, the implementation of this regulation has faced significant obstacles, particularly in Germany, resulting in a large number of pending Dublin overstep cases.
Unfulfilled Overstep Obligations
In 2024 alone, a staggering 40,068 planned transfers of asylum seekers to other EU states failed to materialize, according to a response by the German Federal Ministry of the Interior to an inquiry by parliamentarian Sahra Wagenknecht. This represents a concerning trend, as it undermines the core principle of responsibility sharing within the EU.
Reasons for Unsuccessful Oversteps
The ministry identified several primary reasons for the failure to conduct oversteps:
-
Lack of Confirmation from Receiving States: In 14,464 cases, the receiving EU member states declined to confirm a proposed date for the transfer. Particularly, Italy generally prohibits oversteps, while Greece’s cooperation is limited.
-
Inaction from German Authorities: A significant number of oversteps, approximately 5,376, were hindered by the inaction of German immigration authorities. This includes instances where deadlines were missed or essential documents were not processed promptly.
-
Asylum Seekers Going Underground: In 4,842 cases, the affected asylum seekers disappeared from the radar, effectively evading authorities’ attempts to locate them.
Consequences and Concerns
The failure to execute Dublin oversteps has severe implications for both individual asylum seekers and the asylum systems of EU member states.
-
Unfair Burden on Receiving States: Receiving states may face a disproportionate burden of asylum applications if they are unable to transfer responsibility to other EU countries. This can strain their resources and lead to prolonged waiting times for asylum decisions.
-
Obstacles for Asylum Seekers: Dublin oversteps are intended to streamline asylum procedures and ensure that asylum applications are processed by the appropriate authorities. However, when oversteps cannot be carried out, asylum seekers may be left in protracted legal limbo, facing uncertainty about their future prospects.
-
Damage to EU Cooperation: The inability to effectively implement the Dublin Regulation undermines trust and cooperation among EU member states. It creates a sense of inequity and undermines the bloc’s overall asylum system.
Political Reactions
Sahra Wagenknecht, a member of the German Bundestag, strongly condemned the ongoing challenges with Dublin oversteps. She characterized the situation as "unacceptable" and accused Germany of "being taken advantage of." She further criticized the inaction of German authorities, labeling it "a failure of state."
Government Response
The German government has acknowledged the difficulties with Dublin oversteps but has also highlighted progress in other areas of asylum and migration management. According to a response to an inquiry by the Left Party, the number of deportations to countries of origin and other EU states increased significantly in 2024, including 5,827 Dublin overstep cases.
Conclusion
The persistent challenges in the Dublin overstep system pose a significant obstacle to the smooth functioning of the EU asylum framework. The reasons for unsuccessful oversteps are complex and require a multifaceted response, including improved cooperation among EU member states, increased efficiency by German authorities, and enhanced support for asylum seekers to ensure their presence during transfer procedures. Without addressing these issues, the Dublin Regulation will continue to face implementation hurdles, undermining the principles of responsibility sharing and the fair treatment of asylum seekers within the EU.
