The 2013 recast Dublin Regulation (Dublin III), which entered into force on 1 January 2014, establishes criteria for determining the EU Member State responsible for the examination of an application for international protection.

During the negotiations on the 'Dublin III' Regulation, the provision relating to the Member State responsible for examining the application for international protection of unaccompanied minors who have no relatives on the territory of the Member States (Article 8(4)) was a core element of disagreement between the co-legislators - not least due to its ambiguity in defining the responsibility for the examination of the application.

Parliament was of the view that it should be the Member State where the minor was present at the given moment in time that should be made responsible; the idea is to avoid, in the child’s best interests , unnecessary transfers of unaccompanied minors. This understanding was in line with the Commission recast proposal.

The Council's position, on the contrary, was that the unaccompanied minor should be sent back to the Member State where he/she made the first application for asylum. The co-legislators then decided not to change the provision at that stage and to seek the guidance of the European Court of Justice on the matter; the outcome of the ruling would provide the basis for the final version of Article 8(4) of the Dublin III Regulation.

Thus, the amendments submitted by the Commission on 26 June 2014 aimed at proposing a revised wording in relation to the regime applicable to unaccompanied minors, which would be in accordance with the new case law of the EU Court of Justice of 6 June 2013 (C-648/11 - MA and Others).

The Council adopted a general approach on 5 February 2015. However, the Parliament's negotiating team is of the opinion that the Council's general approach sidelines the orientation given by the Court of Justice and tends to rather reflect the former position of Council during the negotiation of the asylum package.

The EP Committee on Civil Liberties, Justice and Home Affairs (LIBE) adopted its report (rapporteur: Cecilia Wikström, ALDE, Sweden) and a negotiating mandate on 6 May 2015, tabling it to the plenary on 18 May 2015. The Committee introduced amendments according to which it would be the Member State where the minor is present that should be responsible for processing the asylum application, so as to ensure a swift decision and avoid unnecessary transfers. The only possible exception would be in cases where it would be in the best interest of the child to go to another country.

The first trilogue meeting took place under the Latvian Presidency (January-June 2015), but no agreement could be reached.

On 4 May 2016, the Commission announced its intention to withdraw the proposal with a view to including its content in the proposal for recast of the Dublin III Regulation (see Section 2 of COM(2016) 270 final).

The Commission withdrew the proposal on 21 June 2019.

References:

• EP legislative observatory, International protection: Member State responsible for examining the application of unaccompanied minors, 2014/0202(COD)
• European Commission, Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 604/2013 as regards determining the Member State responsible for examining the application for international protection of unaccompanied minors with no family member, sibling or relative legally present in a Member State, COM(2014)382, 26 June 2014
• European Commission, Proposal for a Regulation of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast), COM(2016) 270 final, 4 May 2016
• European Commission, Fact sheet - Questions & Answers: Reforming the Common European Asylum System, 4 May 2016
• European Commission, Clearer EU rules for unaccompanied minors seeking international protection, Press release, 26 June 2014         
• European Commission, Press Release, Completing the reform of the Common European Asylum System: towards an efficient, fair and humane asylum policy, 13 July 2016
• Court of Justice, Judgment of the Court (Fourth Chamber) of 6 June 2013, C-648/11 - MA and Others 
• European Parliament, LIBE Committee report on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 604/2013 as regards determining the Member State responsible for examining the application for international protection of unaccompanied minors with no family member, sibling or relative legally present in a Member State, 18 May 2015
• European Parliament, EPRS, Disappearance of migrant children in Europe, At a glance, February 2017

Author: Nikolai Atanassov, Members' Research Service, legislative-train@europarl.europa.eu

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