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to delay or frustrate the enforcement of the return decision; when protection of national
security or public order so requires; or in accordance with A rticle 28 of the recast Dublin
Regulation. Detention of asylum seekers in prisons is allowed, if no specialized detention
facility is available, and the detention of unaccompanied children is allowed “in exceptional
circumstances”.
110. The recast of the Dublin Regulation maintains the general rule that asylum
applications shall be dealt with by the first country of entry into the EU. It includes some
improvements, including the obligation to hold a personal interview and procedural
safeguards on appeal. The establishment of an early warning, preparedness and crisis
management mechanism envisaged under the recast Dublin Regulation article 33 is aimed
at contributing to timely identification of protection gaps in EU Member States.
111. In 2014, the Commission will launch a comprehensive “fitness check” by
conducting an evidence-based review covering the legal, economic and social effects of the
Dublin system including its effects on fundamental rights (Commission Communication on
enhanced intra EU solidarity in the field of asylum, COM(2011) 835 final). The
Communication aims to develop solidarity in the field of asylum, based on the principles
set out in the Communication.
112. In May 2012, the Commission presented a proposal for a recast of the EURODAC
Regulation, which merges into a single regulation the proposed amendments for the better
functioning of EURODAC, as well as a proposal for law enforcement access to
EURODAC. The proposal provides that law enforcement authorities will be given access to
EURODAC data, when national fingerprint databases return negative results and where the
comparison is necessary for the purpose of the prevention, detection or investigation of
terrorist offences or other serious criminal offences; the comparison is necessary in a
specific case; and there are reasonable grounds to consider that such comparison with
EURODAC data will contribute to the prevention, detection or investigation of any of the
criminal offences in question. Additionally, Europol may make requests for comparison
with EURODAC data within the limits of its mandate and where necessary for the
performance of its tasks and for the purposes of a specific analysis or an analysis of a
general nature and of a strategic type.
2.
The Refugee Fund
113. The European Refugee Fund was established by Decision No 573/2007/EC of the
European Parliament and of the Council, as part of the General programme “Solidarity and
Management of Migration Flows”. It has provided EUR 630 million over the period 200813. It aims to ensure solidarity and responsibility sharing within the EU, and supports
actions relating to reception conditions and asylum procedures; integration measures;
enhancement of Member States ’ capacity to develop, monitor and evaluate their asylum
policies; and resettlement. The Refugee Fund will be absorbed by the future Asylum and
Migration Fund.
3.
The European Asylum Support Office (EASO)
114. The Hague Programme proposed the establishment of a European Asylum Support
Office. EASO was created by Regulation (EU) 439/2010 of the European Parliament and of
the Council, and inaugurated in 2011. It plays a key role in the development of the
Common European Asylum System. It was established with the aim of enhancing
cooperation on asylum matters and helping Member States fulfil their European and
international obligations to protect people in need. EASO acts as a centre of expertise on
asylum, and provides support to Member States whose asylum and reception systems are
under particular pressure.
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