162 ALEXANDRA BUCUR
It is also in the interest of both Member States and applicants to ensure a fair
recognition of the need for international protection at first instance. For this purpose,
applicants should be provided with legal and procedural information at first
instance free of charge, taking into account their personal circumstances. The provision
of such information should, inter alia, allow applicants to better understand the
procedure, thus helping them to comply with the relevant obligations.
Member States may consider that it is the duty of the applicant to submit, as
soon as possible, all the elements necessary to support his application for
international protection. Member States are required to assess, in cooperation with
the complainant, the relevant elements of the application.
Commitments regarding international cooperation and the principle of solidarity
in the context of protection have been attested despite the difficulties encountered.
We believe that it is inevitable to recognize these contributions to the protection of
aliens, and it is also useful to support the strengthening of national capacity where
necessary, especially since the protection measures of those who request it „always
need time and material support4”.
Human rights protection mechanisms, through universal or regional international
norms, establish the State's obligation to protect all categories of persons within its
territory. The rights of persons claiming protection are „legal in nature, conferring
protection5”. The International Court of Justice has determined that „human rights
protection does not cease in the event of armed conflict, given the effect of the
derogation provisions as set out in Article 4 of the International Covenant on Civil
and Political Rights6”.
The right of a person to leave the state of origin is the expression of international
law, governed by Article 12, paragraph 1 of the International Covenant on Civil
and Political Rights as follows: „Everyone is free to leave any country, including
his own country”.
Although the protection of individuals belongs to the state, there are situations
in which „another state can take over the protection of citizens of another state7”.
In these cases, the notion of legal protection has a special valency. Protection in this
respect means legal protection8, the use of legal instruments, including international
and national, which provide for the implementation of States' obligations and are
În anul 2016, rile UE au înregistrat un numr de 1.236.325 de cereri de azil. Cifra a fost în
scdere cu 9% fa de anul 2015, când numrul total al cererilor s-a ridicat la 1.4 milioane.
4 See Irina Moroianu Zltescu, Application of anti-discrimination legislation to women, Works of
the 10th International Conference on Non-Discrimination and Equal Opportunities, Nedes, 2016,
Ed. Pro Universitaria, p. 24.
5See Frederic Sudre, European and International Human Rights Law, Polirom Publishing House,
Iasi, 2006, p. 46.
6 See International Court of Justice, Legal Consequences of Building a Wall in the Occupied Palestinian
Territory, Consultative Opinion of 9 July 2004, para. 106.
7 See A. Nstase, C. Jura, F. Coman, 14 lectures on Public International Law, Ed. C.H. Beck,
Bucharest, 2012, p. 86.
8 See Irina Moroianu Zlatecscu, Human Rights-an Evolutionary System, IRDO, Bucharest, 2008, p. 45.