The Dublin Convention provides criteria and mechanisms for determining which EU member state is responsible for considering an application for asylum submitted by a national of a third country in one of the member states. The convention was concluded by the member states in June 1990 and entered into force on 1 September 1997 for the original 12 signatories, on 1 October 1997 for Austria and Sweden and on 1 January 1998 for Finland.
Article 63(1)(f2>a) of the Treaty of Amsterdam commits the European Union to introducing an instrument to replace the Dublin Convention within five years after the entry into force of the treaty, that is, by mid-2004. The European Commission is using the opportunity provided by the treaty both to take stock of practical experience of implementing the Dublin Convention to date and also to reflect again on the principles on which the convention is based in light of the objectives established by the Treaty of Amsterdam in the field of asylum.
To this end, on 21 March 2000, the Commission submitted a working paper to the Council entitled, Revisiting the Dublin Convention, which provided an analysis of the functioning of the Dublin Convention. This paper was discussed at the asylum working party. The Commission followed this by circulating a questionnaire on the evaluation of the Dublin Convention to all member states in July 2000. The collated replies to this questionnaire form the basis of an evaluation of the convention, which will be brought to Council later this month. This evaluation will be an important input into the development of a Community instrument to replace the Dublin Convention. It is expected that the draft instrument will be tabled at the asylum working party for analysis and discussion in mid-2001.
As the draft instrument has not yet been tabled, there is no indication as yet as to whether it will contain a common basic welfare provision, though this is unlikely. Welfare provision is more likely to feature in the proposed instrument on common minimum conditions for the reception of asylum seekers, which is expected in the near future. If Ireland is to become involved in the adoption and application of the proposed measure, this will require the exercise of the option under the Fourth Protocol to the Treaty of Amsterdam. The exercise of the option requires the prior approval of both Houses of the Oireachtas in accordance with Article 29.4.6 of Bunreacht na hÉireann. The matter will be brought to the attention of the Oireachtas at that time.
