The proposed recast Eurodac Regulation of 2016 extends its previous scope so that both illegally residing third-country nationals and those who have entered the EU irregularly at its external borders could be identified and so that this information could be used by Member States to re-document them for return purposes. In this way Eurodac will, according to the European Commission, contribute to the fight against irregular migration. The proposal is meant to improve the effectiveness of the EU return policy by facilitating the identification of persons illegally on the territory of the EU. After it is adopted, the new Eurodac Regulation may be considered as an example of a flanking instrument of the EU return policy. It should be emphasised that on the one hand the provisions foreseen in the Regulation are highly valuable when it comes to ensuring the effectiveness of the EU return policy. On the other hand, however, it is still unknown what effects it will bring when adopted.
EU Return Policy ; Eurodac Regulation ; Dublin System ; Refugee Crisis
European Data Protection Supervisor, Opinion 07/2016 EDPS Opinion on the First reform package on the common European Asylum System (Eurodac, EASO and Dublin regulations), 21.9.2016, https://edps.europa.eu/sites/edp/files/publication/16-09-21_ceas_opinion_en.pdf.
Fundamental Rights Agency, the impact of the proposal
for the revised Eurodac regulation on fundamental rights,
Meijers Committee, Note on the proposed reforms of the Dublin Regulation (COM(2016)197), the Eurodac recast proposal (COM(2016)272 final), and the proposal for an EU Asylum Agency (COM(2016)271 final), http://www.commissie-meijers.nl/sites/all/files/cm1609_note.pdf.
Ch. Vincent, Looking Beyond the Rhetoric of the Refugee Crisis: The Failed Reform of the Common European Asylum System, “European Journal of Human Rights” 2016, no5.
AffiliationInstitute of Law Studies, Polish Academy of Sciences, Warsaw Poland