Common European Asylum System in a Changing World

Do not confuse the European Council with the other institution; the Council of the European Union , which is one of the EU decision makers. Also, do not confuse the European Council with the Council of Europe . The Council of Europe, based in Strasbourg, France, is a governmental organisation separate from the EU, which includes 47 European countries. It was set up to promote democracy and to protect human rights and the rule of law in Europe.

2.2 EU Asylum Law

2.2.1 EU primary law •

Primary EU Law (Article 78 TFUE):

o Article 78(1) TFEU – compliance with international law

Article 78(1) TFEU constitutes legal foundation of EU Asylum Policy (including temporary and subsidiary protection). The EU policy in this field must be in compliance with international law and the Treaty provision expressly refers to the Geneva Convention of 1951 and its Protocol of 1967 relating to the status of refugees. It also requires compliance with “other relevant treaties”. The aim of this provision is to ensure that there is no contradiction between the obligations that EUMember States derive from international treaties and the policies of the institutions of the European Union. Article 78(2) TFEU – scope of EU competences This provision limits the scope of competences of the EU. Competences related to the operation of the common European asylum system are shared by the EU and Member States and, as a consequence, they are subject to proportionality and subsidiarity principles. The use of the word “common” and not “single” in the context of European asylum system leads to the conclusion that the overall aim was to create a scheme based on a medium harmonization level and not to create a unified system. However, the use of the word “measures” does not preclude the adoption of regulations, i.e. legislation of a unifying nature, where EU institutions find it appropriate. This is the case, for example, in the regulation laying down the criteria and procedure for determining the Member o

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