Allocation of Competence in Asylum Matters under International and EU Law

Allocation of Competence in Asylum Matters under International and EU Law
25 January 2018, 6.00pm - 7.30pm
IALS Council Chamber, Institute of Advanced Legal Studies, 17 Russell Square, London WC1B 5DR

The International Refugee Law Seminar Series, sponsored by the Refugee Law Initiative at the School of Advanced Study, University of London, provides a public space for discussion, promotion and dissemination of research between academics, practitioners, students and others with an interest in the refugee and forced migration field.

8th International Refugee Law Seminar Series: ‘Refugee Law in the New World Disorder’

Following the 9/11 attacks on the USA, James Hathaway and Colin Harvey questioned ‘Refugee Protection in the New World Disorder’. Some 15 years later we return to this topic in light of new threats to global order through a series of lectures that investigate key challenges for refugee law today.

Allocation of Competence in Asylum Matters under International and EU law


The aim of the Dublin system is to prevent positive and (most commonly) negative conflicts of adjudicative jurisdiction on a peculiar personal status, by rapidly determining a single responsible Member State. The seminar will critically discuss the content and the performance of this set of rules taking into account the lessons learnt from other areas of international cooperation where jurisdictional heads are spelled. Moreover, it will highlight the incoherence of the current Dublin III Regulation with international refugee law, with the international regime on Search and Rescue at sea and, last but not least, with the same founding principles of the Common European Asylum System (CEAS) according to a balanced and unbiased reading of Articles 78 and 80 of the Treaty on the Functioning of the European Union (TFEU).

After the pars destruens, the seminar will dwell on a different theoretical approach based on five indispensable and mutually reinforcing pillars:

- an enhanced recourse to connecting criteria inspired to a genuine link approach;
- the introduction of a permanent and objective system of fair sharing of the responsibility for assessing asylum claims;
- the promotion of legal avenues to the EU's territory through the inclusion of resettled asylum seekers into the calculation of the fair share of each State;
- the simplification of procedures under a prima-facie approach;
- the adoption of reasonable incentives for States and applicants in order to comply with the system.

The seminar will take into due account the recent case law of the European Court of Justice and the indications coming from the legislative process started in 2016 with the publication of the Commission’s proposal for a Dublin IV Regulation.


Marcello Di Filippo is Professor of International Law at the University of Pisa (Italy). He holds a Ph.D in International and European Law form University of Roma "La Sapienza". He is member of the International Institute of Humanitarian Law and of the Italian Council of Refugees. He is currently holder of a Jean Monnet Module on "EU Migration Law, Human Rights and Democratic Principles" (2015-2018) and Coordinator of the Observatory on European Migration Law (University of Pisa).
In 2014-2017 Professor Di Filippo has been member of a panel of experts advising the Italian Ministry of Foreign Affairs on international and European governance of migratory flows. He is author of several essays, articles and policy briefs on European asylum and migration law and co-editor of a collective treatise on International and European Migration Law (in Italian), recommended in several universities as reference book for advanced courses on the topic.He is the coordinator of the Interest Group of the Italian Society of International Law on International and European Migration & Asylum Law


Refugee Law Initiative
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