The Dublin Regulation, mutual trust and fundamental rights: No exceptionality for children?

• Ciara Smyth ^[1]
  1. [1] University of Galway
• Localización: European Law Journal, ISSN-e 1468-0386, Vol. 28, Nº. 4-6, 2022, págs. 242-262
• Idioma: inglés
• Enlaces
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• Resumen

  • Mutual trust in the Dublin III Regulation is justified by the assumption that all Member Statesrespect the fundamental rights of asylum seekers and that it is therefore immaterial which MemberState processes any given claim. This justification has been questioned in light of the treatment ofasylum seekers in some Member States. Nonetheless, in order to circumvent a Dublin transfer onfundamental rights grounds, the Court of Justice of the EU has held that the risked violation mustmeet the threshold for inhuman or degrading treatment in Article 4 of the Charter. Recently, theCourt rejected the proposition that another Charter right—the principle of the best interests of thechild—could block Dublin transfers of families with children. Through a child-rights analysis of thejurisprudence, this article explores the idea of exceptionality for children, concluding that there ispotential for the best interests principle to trump mutual trust.