Swiss Review of International and European Law Logo Schulthess juristische Medien AG
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The Dublin Regulation determining the Member State responsible for examining an application for international protection lodged in one of the Member States of the European Union constitutes the cornerstone of the Common European Asylum System. Its objective is to combat secondary movements of asylum-seekers in establishing one only chance to lodge an application for international protection in Europe. For so doing, it relies on the idea that asylum-seekers would be treated equally and have the same opportunity to be granted international protection in all EU Member States. While this has been challenged in practice since the so-called refugee crisis in 2015, this premise is more fundamentally called into question by the principle of non-refoulement under international human rights law which both sets the limits of the Dublin system and reveals its systemic flaws.