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Article 18 of the Charter of Fundamental Rights of the European Union, for
the first time at European level, establishes the right to asylum. Moreover, even in
the Preamble states that the enjoyment of rights contained in the Charter entails
responsibilities and duties with respect to third parties and to the human
community in general and to future generations.
The Council Conclusions of 10 October 2014 claim that a motion "should be
undertaken without delay... proposing a credible number of resettlement places,
on a voluntary basis, in order to offer an alternative legal avenue and contribute to
stabilize refugees communities in partnership with UNHCR".3
In November 2016, EU countries registered 75 844 applications for
international protection. Since the beginning of 2016, 1 171 138 applications have
been recorded in the EU. This number is 6 % less than during the same period of
2015.4 Syria and Afghanistan are the main countries of origin of applicants for
Like Ian Martin said "Government... are more often motivated by self-interest
than by considerations of humanity, and this provides a further reason for those
seeking to combat human rights violations to insist upon the right of asylum.”5 The
EU needs an efficient mechanism for allocating responsibility. To this end a
fundamental change of direction has been employed.
Hence, a new reality has emerged in Europe. It has opened, at European level,
a new chapter in the legal enforcement of asylum issues and the integration of
individuals. The foundation of a united Europe is based on fundamental ideas
related to equality, freedom, and security.
In May 2015, the Commission proposed a European Resettlement Scheme
which was adopted by the Council in July 2015.
Article 78 (3) of the Treaty on the Functioning of the European Union (TFEU)
establishes that “In the event of one or more Member States being confronted by an
emergency situation characterised by a sudden inflow of nationals of third
countries, the Council, on a proposal from the Commission, may adopt provisional
measures for the benefit of the Member State(s) concerned. It shall act after
consulting the European Parliament”.6 Under this article and the existence of the
emergency situation, derogations from Dublin rules have been made. The system
establishes the rule that every application presented will be examined by, in
principle, only one “responsible State” (Art. 3(1) DRIII) European Union
Regulation 604/2013. That State is to be determined by an agreement between the
States concerned, based on a hierarchy of “objective criteria”.
3 Council conclusions of 10 October 2014 - ''Taking action to better manage migratory flows''.
4 European Asylum Support Office,Latest asylum trends – November 2016,
5 Roman Boed, The state of the right of asylum in international law, Duke Journal of Comparative &
International Law ,Vol. 5:1 ,1994, p. 1.
6 Treaty on the Functioning of the European Union.