The Study On Legal Controversies Of "Dublin Transfers" In EU Refugee Law

In 2015,over 3,000 refugees drowned during their dangerous sailings across the Mediterranean to Europe.On April 18,2015,a single shipwreck killed over 800 refugees.In 2016,this sea route to Europe claimed more than 5000 lives and the Mediterranean death toll soared to record high.Against the background of ever-fermented European refugee crisis,this dissertation features a special focus on the legally controversial"Dublin transfers",and hereby unveils the theoretical dilemmas of EU refugee law,in hope of providing insights for China's global engagement in refugee issues,and for the development of regional and international refugee law.Through an intensive text analysis of the newest legal instruments,legislation briefings,reports of international organizations and other legal documents,this dissertation goes through important legal grounds that back up "Dublin transfers",including principles as "first country of entry" etc.It maintains that,to a certain extent,"Dublin transfers" are designed and implemented under the heavy influence of political expediency to open a legal backdoor to evade state responsibility of refugee protection.As a result,the consistency,integrity and predictability of EU refugee law is gravely jeopardized;some fundamental rights related to asylum right suffer from a substantial reduction;EU refugee law stands against international refugee law on several significant fronts.The legal controversy of "Dublin transfers" is an indication of the theoretical dilemmas of EU refugee law.One dilemma is the confrontation between political and legal considerations where the latter neutralizes the former but cannot lead to a fundamental change in legislature structure,while the other is the resisted European judicial integration(and hence European integration as a whole)by dissenting member states due to the clash between union interests and sovereign interests.A breakthrough is needed in answering fundamental questions as how to balance supranational legal integration and national sovereignty,human rights standards and political realities,etc.