APPLICATION (AND NON - APPLICATION) OF THE DUBLIN REGULATION: WHAT CONSEQUENCES FOR THE RIGHT OF MIGRANTS?

Abstract

The present article intends to underline that the Dublin Regulation is not applied,
because of the abuse of the reintroduction of internal border controls to prevent secondary
movements and facilitate refoulements, as well as of the abuse of informal readmission
mechanisms, giving rise to serious violations of human rights that occur during the control
and surveillance operations at the external borders, but also and above all in the transit areas
at the internal borders. This practice mainly concerned the Balkan routes as the main gateways
to the EU territory, and in particular the Hungarian cities of Tompa and Röszke, located on the
border with Serbia, with detention centers for migrants and barriers with barbed wire to curb
migratory flows. Through a brief examination of some judgments of the Court of Justice of the
EU (CJEU) and the European Court of Human Rights (ECtHR), the article will emphasize the
different approaches of two Courts concerning transit areas and detention centers along the
Balkan routes and will try to highlight the present and future limits of the Dublin Regulation.