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 secondarymovements and facilitate refoulements, as well as of the abuse of informal readmissionmechanisms, giving rise to serious violations of human rights that occur during the controland surveillance operations at the external borders, but also and above all in the transit areasat the internal borders. This practice mainly concerned the Balkan routes as the main gatewaysto the EU territory, and in particular the Hungarian cities of Tompa and Röszke, located on theborder with Serbia, with detention centers for migrants and barriers with barbed wire to curbmigratory flows. Through a brief examination of some judgments of the Court of Justice of theEU (CJEU) and the European Court of Human Rights (ECtHR), the article will emphasize thedifferent approaches of two Courts concerning transit areas and detention centers along theBalkan routes and will try to highlight the present and future limits of the Dublin Regulation