Emergency measures on migration: Article 78(3) TFEU
On 1 December 2021, the Commission proposed a Council decision on emergency measures to help Latvia, Lithuania and Poland face the complex migratory situation at their respective borders with Belarus. The measures provide for an extension of the registration period for asylum applications; the application of the border asylum procedure to process all asylum claims; reception conditions covering only basic needs; and simplified and quicker national return procedures for rejected asylum-seekers. The proposal is based on Article 78(3) of the Treaty on the Functioning of the EU (TFEU), which provides for the adoption of provisional measures in the event of a 'sudden increase of arrivals of third-country nationals'. Article 78(3) TFEU was first used during the 2015 migration crisis to help Greece and Italy. On the basis of this article and in line with Article 80 TFEU, the Council of the EU at the time adopted binding decisions providing for the relocation from these two countries of 160 000 people so as to ensure a fair and balanced distribution of, and sharing of responsibility for, asylum-seekers who were already present in the EU. Despite most Member States' willingness to relocate asylum-seekers, some challenged the Council decision before the Court of Justice of the EU (the Court) or refused to implement the decision. As a result, the Court's jurisprudence helped to clarify the concept and scope of 'provisional measures' within the meaning of Article 78(3) TFEU. Greece was the first EU Member State to unilaterally invoke Article 78(3) TFEU, in response to a sudden increase of arrivals of third-country nationals from Turkey in March 2020. The Greek emergency legislative act was heavily criticised because Article 78(3) TFEU is not intended to enable Member States to take emergency measures unilaterally. It requires the Council to take a decision on a Commission proposal and after consulting Ϸվ. This Briefing expands on and updates an 'at a glance' note from March 2020, written by Anja Radjenovic.
Briefing
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- Բø
- asylret
- Belarus
- DEN EUROPÆISKE UNION
- EU's migrationspolitik
- EU's ydre grænse
- EU-lovgivning
- Europa
- fravigelse af EU-retten
- GEOGRAFI
- international ret
- international sikkerhed
- INTERNATIONALE RELATIONER
- Letland
- Litauen
- LOVBESTEMMELSER
- migration
- migrationskontrol
- Polen
- politisk geografi
- SOCIALE SPØRGSMÅL
- traktat om EU's funktionsmåde
- udenlandsk statsborger
- økonomisk geografi