||EU における難民等受入れの責任と負担の分担 : ダブリン規則の改正とリロケーション
Responsibility and Burden Sharing in the Acceptance of Refugees and Beneficiaries of Subsidiary Protection in the EU: Reform of the Dublin Regulation and the Relocation
14 , 2017-03 , 広島大学平和科学研究センター
This paper focuses on the responsibility and burden sharing in the acceptance of refugees and beneficiaries of subsidiary protection in the EU through the arguments concerning the Dublin system which is the center of the Common European Asylum System. I examine the influence of judgments of European Court of Human Rights and the Court of Justice of the EU, the reform of the Dublin Regulation, the recently introduced compulsory allocation system and the resistance from states.While the EU persisted in maintenance of the Dublin system, it could not leave the human rights violations by the member states and that, in turn, resulted in the frequent use of exceptional operation of the system by use of a sovereignty clause. Now we see the next step of the EU responsibility and burden sharing by the introduction of the relocation system. It seems that the EU tries to institutionalize exceptions within the system. However, by doing so, the system would be more complicated and less efficient for the protection of people and the EU suffer from the resistance by some member states from the point of view of the state sovereignty. For the solution to the problem, the external dimension of the Common European Asylum System would be more strengthened and more developed.