Information Sharing in the Dublin System: Remedies for Asylum Seekers In-Between Gaps in Judicial Protection and Interstate Trust

Niovi Vavoula
2021 German Law Journal  
AbstractIn most EU policy areas, procedural cooperation between national administrations takes place through the shared implementation of "composite" decision-making procedures, facilitated by the operation of multijurisdictional networks or horizontal or vertical information exchange. In the context of asylum policy, such administrative cooperation has been necessary in the distribution of asylum seekers—in accordance with the Dublin III Regulation, which allocates responsibility among Member
more » ... tates to examine an asylum application. In addition to rules in the Regulation itself—Article 34—information sharing also takes place through Eurodac, an EU-wide centralized information system. This Article examines whether the Dublin system ensures effective judicial and administrative remedies in the operationalization of multijurisdictional information networks. It analyzes the relevant Eurodac and Dublin-related legislation, national implementation, and national case law through the lens of administrative cooperation. The assumption that the data exchanged has been acquired and processed lawfully, due to interstate trust, and the extent to which that assumption is rebuttable, are central themes throughout this Article. It is argued that administrative cooperation through information sharing takes precedence over the right to an effective remedy, and that, in practice, judicial and extrajudicial remedies are insufficient to protect asylum seekers.
doi:10.1017/glj.2021.11 fatcat:j2e6jyu3frcn7eg27e55fuak44