Open University of the Netherlands
Alongside the current discussion on the relocation of unaccompanied minor migrants from Greece to other EU Member States, another dialogue is ongoing: restarting ‘Dublin transfers’ from the other Member States to Greece.
In principle, the Dublin Regulation (No. 604/2013) would require the first Member State where someone submits an application for international protection to be responsible for that application, based on the principle of mutual trust. The principle of mutual trust between the EU Member States requires them to trust one another in complying with EU law and recognizing decisions made in their civil and criminal justice systems, asylum law and family law. However, Dublin transfers to Greece had been suspended since 2011 because of possible violations of Article 4 of the EU Charter of Fundamental Rights, i.e. the prohibition of torture and inhuman or degrading treatment or punishment. In practice, this meant that the Member State in which someone submitted an asylum application was responsible for that application instead of Greece, even if the person had previously applied for asylum in Greece.