Pending the future reform of the Dublin system, European and national courts continued to interpret some of the regulations and directives, delivering guidance based on individual cases. Under the Dublin III Regulation, Article 3(2), Member States shall become responsible for examining an application if there are substantial grounds to believe that there are systemic flaws in the asylum process and in the reception conditions in the Member State that would be designated as responsible based on the Dublin criteria. In 2019, transfers to other countries were not systematically suspended to any Member State. However, there is a lot of variation in practices in Member States when suspending transfers to specific Dublin Member States.
Civil society organisations voiced concerns about gaps in the methodology and the functioning of the Dublin system in practice. The rights of applicants should be safeguarded, while preventing secondary movements to another Member State at the same time. There should be positive incentives for both applicants and countries to follow the procedures of the system, instead of Member States increasing restrictions.
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