Reciproca fiducia, mutuo riconoscimento e libertà di circolazione di rifugiati e richiedenti protezione internazionale nell'Unione Europea

The Dublin system is currently experiencing great difficulties. On the one hand, with the so-called “Dublin saga”, the European courts are confronted with the presumption that member States are safe countries with equivalent standards on human rights, in particular regarding international protection. On the other hand, the practical implementation of the system has failed. One of the reason is that in practice the Dublin criteria determine not only which State is competent to deal with an asylum application but also identify the State where a beneficiary of international protection is entitled to stay. If beneficiaries of international protection had the right to stay where they wish instead of where the Dublin criteria require them to be, they would not circumvent the application of the Dublin regulation, which could be applied in a more efficient way. This would means to overcome a taboo in EU law and grant free movement and stay to third country nationals. A new strategy is needed in order to overcome the clash of interests between Northern and Southern countries, between asylum seekers and EU countries, and finally between the EU and member States.