Schengen And Dublin Agreements

These efforts are in line with the recommendations already made by the Executive Committee, for example in conclusion 15 (Refugees without a Country of Asylum) of 1979. In this conclusion, the Executive Committee called on States to consider the criteria under which States could agree on the state that would be responsible for reviewing an asylum application and arrangements for the repatriation by states of persons who have entered their territory from another state. Such provisions should ensure fee verification, reduce multiple claims and minimize the occurrence of „refugees in orbit,“ as has already been mentioned. Since 12 December 2008, Switzerland has been participating in the Schengen/Dublin system. Cooperation between Switzerland and European countries within the framework of the Schengen and Dublin association brings economic and financial benefits. Beyond the economic benefits, Schengen is a fundamental instrument for internal security and Dublin allows considerable savings for Switzerland, as Switzerland is not a country of first asylum because of its geographical location. Due to its status as an associate state, Switzerland is determined to take charge of the developments of the Schengen acquis and the Dublin acquis. Switzerland has the right to participate in the decision-making process of these legislative developments. In accordance with this right of participation, Federal Councillor Karin Keller-Sutter, head of the Federal Department of Justice and Police, regularly attends meetings of EU Justice and Interior Ministers (JAI).

The texts discussed at these ministerial meetings will be drawn up in different working groups of the EU institutions, which also include Switzerland. After the adoption of a new development by the Justice Council and the European Parliament, Switzerland will decide independently whether to adopt the new act. In the case of non-adoption, the EU and Switzerland are obliged to seek pragmatic solutions. Ultimately, the refusal to adopt a new development of the Schengen acquis and the Dublin acquis may ultimately lead to the denunciation of association agreements. If the EU adopts a new legislation important to the Dublin Schengen acquis, Switzerland will have to decide whether it wants to adopt it, in accordance with Switzerland`s direct parliamentary and democratic processes.