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ensure a solid link between responsibility and solidarity, on a voluntary basis, in
the field of asylum; thus, the Member States must comply with the E.U. acquis and
to provide support to those Member States which are facing temporary high
pressure on their asylum systems.
Respect for the democratic values of the solidarity, dignity and freedom that the
European Union has been built on, as enshrined in the Treaty of Lisbon – „respect
for human dignity, freedom, democracy, equality, the rule of law and respect for
human rights, the rights of the people belonging to minorities included” and further
asserting that „these values are common to the Member States in a society
characterized by pluralism, non-discrimination, tolerance, justice, solidarity and
equality between women and men” must go beyond the legislative frontiers and
find immediate application to this „crisis of migration” or even „humanitarian
crisis”. They must at the same time represent European values, but also universal
and national values and the stability of the peoples must be found in the will of
solidarity, tolerance and justice.
It is considered to be a crisis, not primarily because of the number of migrants,
but rather because it has caused the onset of a deep crisis within the E.U., the so-
called crisis of European identity. Among the reproaches addressed to the European
Union to avoid the crisis of European identity are the fact that the progress of
European construction is hidden behind citizenship and that with respect to the
Islamic terrorism a correlation is tried between the Muslim identity and excessive
immigration due exactly to the opening of the borders.
In doctrine10, the idea was promoted that Europe, and especially the European
Union (EU), need a new institution, a European Migration Protection Agency, an
institution with specific responsibilities, which to collectively meet the individual
obligations of the Member States with respect to the refugees and migrants, so as
„the system to be truly dedicated to international protection”. In the opinion of some
people (Guy S. Goodwin-Gill)11, although a number of EU agencies exist, the European
Asylum Support Office (EASO) and the Fundamental Rights Agency (FRA), in
charge with the matters related to the protection and migration of refugees, they can
play a role in monitoring the various measures proposed by the EU and its Member
States, but a more international approach is needed.
However, the creation of the Fundamental Rights Agency of the European
Union, which in 2017 has turned 10 years, has demonstrated the existing concern
for this area at the level of the European Union, whose objectives for the period
2017-2019 concern the strengthening of cooperation with national partners in order
10 Elspeth Guild - Does the EU Need a European Migration and Protection Agency?, International
Journal of Refugee Law, 2016, Vol. 28, No. 4, p. 585.
11 Guy S Goodwin-Gill, ‘Regulating “Irregular” Migration: International Obligations and
International Responsibilities’, Notes for a Presentation, University of Naples ‘L’Orientale’, 11 May
2015; and Keynote Address to the International Workshop, National and Kapodistrian University of
Athens, Faculty of Law, 20 Mar 2015.