Sistema di Dublino e tutela dei diritti fondamentali: il rilievo della clausola di sovranità nella giurisprudenza più recente

A number of recent judgments, rendered by the European Court of Human Rights as the EU Court of Justice, concern the question of compatibility between the obligations under the European Con- vention on Human Rights and the EU Dublin System. The Dublin procedure requires EU Member States (and other cooperating non-EU Member States) to determine, based on a hierarchy of objec- tive criteria, which State is responsible for examining an application for international protection, lodged on their territory. In this perspective, both Courts have increasingly applied the so-called ‘sovereignty clause’, included in the Dublin mechanism. This provision enables any Member State to examine a claim for international submitted in its territory, even if it is not responsible according to the Regulation criteria. Despite the apparent connections between the view taken by the Euro- pean Court of Human Rights and the European Court of Justice, the analysis of the relevant case law reveals a certain diversity of perspective in identifying ways to ensure coordination between the two systems involved.