114 ADRIAN BULGARU
Human rights are rights to which all persons, without exception, are entitled.
Individuals can not acquire these rights only because they represent a particular
category, be they citizens, workers or other status. The Universal Declaration of
Human Rights, the founding document of Human Rights states that “all human
beings are born free and equal in dignity and rights”9.
Europe has received and still does so, in a very short time, a large number of
citizens belonging to another culture and another religion, most of them not being
able to speak the host country’s language. In this respect, migration management
had to be a shared responsibility, not only between EU Member States, but also for
non-EU countries of transit and origin of migrants.10
A couple of years ago, more than 20 million non-EU nationals were living in
the European Union, that is, approximately 4% of the Union’s entire population. In
average, 250,000-300,000 people apply for asylum in the EU every year. In recent
years, the number of those people arriving in Europe increased.11
Greece was the first state in the Union which has experienced large number of
migrants, Serbia, Croatia and Hungary due to exceptional circumstances have
closed their borders suffering losses of millions as a result of those decisions.12
Blocked highways, suspended freight street incidents. The first to have closed its
borders was Hungary, which has led the refugee to reach Western European
countries transiting Serbia and Croatia later. One of the most contested decision
was that of building a barbed wire fence along the 175 km border with Serbia. It
was extended along the border with Croatia and the Hungarian authorities have
taken the necessary steps to build a portion of the fence on the border with
Romania as well necessary.
The large number of people who applied for protection prompted the
European Commission to make proposals for the allocation of quota, which
although based on negotiation, determination, consistency and solidarity, lack
realism and pragmatism. The European Union is based on a series of Principles
that have played an important role in its evolution and extension; based on these
Principles, the solution to migration must come only from a common approach of
the Member States that requires determination, consistency, bargaining, solidarity,
realism, pragmatism and vision.
Regarding Romania's position in the current context, first we must stress that
most of those who wanted to reach the Union’s territory expressed from the
9 See Universal Declaration of Human Rights, see also Adrian Bulgaru, Migration, asylum and
human rights law in Revue européenne du droit social, No. 4/2014.
10 See Adrian Bulgaru, Temporary protection as an exceptional measure for an influx of people seeking
international protection, Fiat Iustitia, Review of Juridical Studies, nr. 2/2015, p. 47.
11 See Irina Moroianu Zltescu, Migration and law, IRDO, 2014, p. 11 et seq.
12 Statistically determined that Croatia was throughput of approximately 5,600 refugees a day,
50,000 a week, the population of this country is about 4 million citizens. Regarding Hungary more
than 150 000 refugees have transited the country in just 8 months.