Common European Asylum System in a Changing World

State responsible for examining asylum applications (Dublin III. or II.). However, most regulations in the field of the common asylum policy take the form of directives. Article 78(2) strictly enumerates issues that may be regulated by EU measures. It includes the following issues: • a uniform status of asylum • a uniform status of subsidiary protection • a common system of temporary protection • common procedures • determining which member state is responsible for examining applications for asylum and subsidiary protection • reception conditions • co-operation with third states The personal scope of the provisions adopted pursuant to that provision applies only to third-country nationals and stateless persons. It therefore does not concern asylum applications submitted by European citizens in an EU Member State. Protocol No 24 to the TFEU (known as Spanish Protocol) implies that Member States consider each other as a safe country of origin for all legal and practical purposes in relation to asylum matters. The territorial scope of Article 78 is not limited to the territory of the EU Member States. Acts issued pursuant to it may also be applied outside the EU. Procedures for receiving and processing asylum applications may take place in non-member states. This problem is related to resettlement. In this context, a proposal for the establishment of EU asylum centres outside the EU has also emerged. In this context, member states express political and legal doubts, in particular, regarding the jurisdiction of member states in these centres. o Article 78(3) TFEU – emergency situations The third paragraph of Article 78 contains provisions enabling institutions to take rapid action in the event of a migration crisis. Measures adopted on the basis of this treaty provision are temporary and are intended to assist the Member States concerned. This provision was triggered for the first time in 2015 as a result of migration crisis. It aimed to relocate third-country migrants in clear need for international protection from Greece and Italy into other member states. Council decision on relocation of migrants was heavily politically opposed by some Member States as it constituted temporary derogation from Dublin Regulation. Some countries opposed its adoption and implementation. It led to several proceedings before the CJEU.

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The Charter of Fundamental Rights

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