Frances Fitzgerald (Dublin Mid West, Fine Gael)
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There is a procedure in place where the European Commission can initiate proceedings if the situation, as outlined, pertains. A decision can be made. At the moment, for different reasons, asylum seekers are not sent back to Greece, for example, and a special arrangement was put in place. That procedure is potentially there.

To be helpful, in the Dublin regulation, where it is impossible to transfer an applicant to the member state primarily designated as responsible because there are substantial grounds for believing that there are systemic flaws, as mentioned, in the asylum procedure and reception conditions for applicants in the member states, resulting in a risk of inhuman or degrading treatment, within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union, and not the UNCHR, the determining member state shall continue to examine the criteria in Chapter III of the Dublin regulation in order to establish whether another member state can be designated as being responsible. An article gives some leeway if the kind of the concerns that were outlined arise.