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oai:verfassungsblog.de/72369 2023-05-12T14:18:14Z posts

http://dx.doi.org/10.17176/20230512-181814-0 https://verfassungsblog.de/trading-rights-for-responsibility/ Trading Rights for Responsibility Apatzidou, Vasiliki eng 2023-05-12 electronic resource text/html ddc:342 Asylum Proceedings Border Procedures European Union responsibility sharing Right to Asylum Verfassungsblog Verfassungsblog--2366-7044 CC BY-SA 4.0 The newly published compromise text of the Asylum Procedures Regulation (APR) suggests to render border procedures mandatory in some cases, while also permitting first-entry states to derogate from them once their “adequate capacity” is reached. This adaptable approach to the use of border procedures seeks to resolve a long-standing disagreement between central EU countries and first-entry states. While the former consider the obligatory use of border procedures necessary to prevent onwards or  ‘secondary’ movement of asylum-seekers, southern EU states argue that their mandatory use would place a further strain on their resources and overburden their capacities for processing asylum claims. This blogpost first explains the problems with border procedures, reviews their role in increasing responsibility of first-entry states, and explains why the new compromise Draft is unlikely to resolve the disagreement between first-entry states and other Members States.