Dublin The Undying: An Analysis Of The New EU Asylum And Migration Management Regime

The European Union’s asylum and migration law has been the subject of a burgeoning body of research, particularly in the aftermath of the 2015 migration crisis that highlighted significant shortcomings in the Dublin system. In response, the European Union has adopted the New Pact on Migration and Asylum which aims to reform and enhance the existing framework, with the Asylum and Migration Management Regulation as its lynchpin. Yet, critical questions vis-à-vis practical and legal implications remain, especially regarding the quest for effectiveness that the system seeks and upholding the rights of asylum seekers. This thesis dissects how these novelties, particularly flexibility solidarity, are operationalised with the aim of ameliorating the current European asylum regime. The writing also takes into account the Crisis and Force Majeure Regulation, which provides a blueprint on how one or more Member States who have become hamstrung during a migration crisis may derogate from the standard asylum procedures. By analysing these instruments and the procedures they presuppose, the dissertation contributes to the ongoing debate surrounding the European Union’s evolving approach to migration management and the challenges of implementing a cohesive asylum policy.