Application (and non-application) of the Dublin Regulation: What Consequences for the Right of Migrants?

The present article intends to underline that the Dublin Regulation is not applied, because of the abuse of the reintroduction of internal border controls to prevent secondary movements and facilitate refoulements, as well as of the abuse of informal readmission mechanisms, giving rise to serious violations of human rights that occur during the control and surveillance operations at the external borders, but also and above all in the transit areas at the internal borders. This practice mainly concerned the Balkan routes as the main gateways to the EU territory, and in particular the Hungarian cities of Tompa and Röszke, located on the border with Serbia. Through a brief examination of some judgments of the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR), the article will emphasize the different approaches of two Courts and future limits of the Dublin Regulation.