The Council has found that Cyprus and Spain are applying the new responsibility rules correctly and that their cooperation with other member states is adequate, signaling early success as the European Union’s reformed asylum responsibility system enters its first weeks of operation. However, efforts are still needed to address remaining challenges with regard to the new responsibility rules under the AMMR, and the Council is monitoring how member states execute the revised Dublin procedures that took effect on June 12.
What changed
The AMMR has kept the main rules on determining responsibility for examination of an asylum claim but clarifies these criteria and streamlines the rules for the transfer of an applicant from one member state to another. On July 16, 2026, the EU Council released a formal assessment of compliance during the initial phase of operation.
The Council found that Cyprus and Spain’s application of responsibility rules and operational cooperation does not raise particular concern and is considered adequate for correct implementation of the regulation. No further monitoring of these member states under Article 4 of the Commission Implementing Decision was deemed necessary.
Greece, one of the EU’s primary entry points for asylum seekers, is also receiving close attention. The Council noted that measures taken by Greece, together with active engagement and cooperation of national authorities with other Member States, are positive indications.
DubliNet, the system enabling transfers between member states, was successfully upgraded and is fully operational. Italy formally notified the EUAA about designated transfer locations (by air, sea, and land) in April 2026, and reception capacity is being increased with support from additional AMIF funding.
Why it matters
Shortcomings in implementing the Pact risk undermining solidarity obligations and mutual trust, particularly regarding responsibility rules. The AMMR provides that contributing member states need not implement pledges or apply responsibility offsets if the Commission identifies systemic shortcomings that could result in serious negative consequences for the regulation’s functioning.
For practitioners advising clients on responsibility determinations or representing applicants subject to transfer, the Council’s early assessment confirms that the system is operating as designed in initial-phase member states but remains under active monitoring. If systemic problems emerge, contributing member states may be released from their solidarity obligations—a mechanism that could alter the calculus of relocation and responsibility offset decisions across the EU.
Operational capacity is being reinforced through EU Asylum Agency support, with states allocating specialized staff and planning additional training on the new rules. This reflects the human and procedural demands of the revised system.
Way forward
- Monitor responsibility determinations: Track how your member state of focus is applying the new criteria and deadlines under the AMMR; the Council’s July assessment signals ongoing scrutiny.
- Verify transfer protocols: Confirm transfer procedures with national authorities, as DubliNet and designated transfer locations are now fully operational.
- Watch for systemic shortcomings: If your jurisdiction experiences delays, capacity gaps, or compliance failures, monitor whether the Commission identifies “systemic shortcomings” triggering Article 60(3) solidarity sanctions.
- Review appeals and legal counsel provisions: The AMMR mandates free legal counseling at all stages; verify your client’s right to counsel before, during, and after responsibility determination.
Disclaimer
This article summarizes publicly available information from the Council of the European Union dated July 16, 2026. It is not legal advice. EU asylum and migration policy can change without notice. Practitioners must verify all guidance against the current Asylum and Migration Management Regulation (EU) 2024/1351, applicable national law, and the most recent guidance from national asylum authorities and the European Union Agency for Asylum (EUAA). Consult a qualified immigration attorney licensed in your jurisdiction for advice on any individual case.