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Article 80 of the TFEU: "policies of the Union set out in this Chapter and their implementation shall be governed by the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States. Whenever necessary, the acts of the Union adopted pursuant to this Chapter shall contain appropriate measures to give effect to this principle."
ECHR, 21st January 2011, MSS c/Belgium and Greece, req. 30696/09 and ECJ, 21st December 2011, NS c/Secretary of State for the Home Department et ME, ASM, MT, KP and EH c/Refugee Applications Commissioner and Minister of Justice, Equality and Law Reform, aff. jointes C-411/10 and C-493/10.
Carrera (Sergio), Guild (Elspeth), Merlin (Massimo), Parkin (Joanna), "Race against Solidarity. The Schengen Regime and the Franco-Italian Affair", CEPS Paper in Liberty and Security in Europe, April 2011. Malmström (Cecilia), "Immigration flows - Tunisia situation", Strasbourg, 15 February 2011, Speech 11/106.
European Asylum Support Office, Annual Report 2013, July 2014.
Eurostats, "Record number of over 1 .2 million primo asylum requests registered in 2015" Press Release, N° 44/2016 - 4th March 2016.
" Migrants : l'Europe menace d'exclure la Grèce de l'espace Schengen ", Le Monde, 2nd December 2015.
European Commission, Communication on the State of Play of Implementation of the Priority Actions under the European Agenda on Migration, COM(2016) 85 final, 10.02.2016.
General Secretariat of the Council, implementing decision of the Council regarding a decision on the extension of the temporary control of the internal borders in the event of exceptional circumstances that endanger the overall functioning of the Schengen Area, 6020/17, 7 February 2017.
"L'Union européenne s'entend pour fermer la route des Balkans aux migrants ", Le Figaro, 6th March 2016.
Decision (EU) 2015/1523 of the Council of 14th September 2015 and Decision (EU) 2015/1601 of the Council of 22nd September 2015
European Commission, 11th report on relocation and resettlement, COM(2017) 212 final, 12.04.2017.
European Commission, COM(2016) 270 final, 4.5.2016
European Commission, Commission Recommendation, addressed to the Member States on the resumption of transfers to Greece under Regulation (EU) No. 604/2013, C(2016) 8525 final, 8.12.2016.
9th report on relocation and resettlement, COM(2017) 74 final, 8.02.2017.
ECRE, Weekly Editorial: Europe's not so-merry-go-round: Premature reinstatement of Dublin transfers to Greece, 10.02.2017.
Council Regulation (EU) 2016/369 of 15 March 2016 on the provision of emergency support within the Union.
Rob Visser, " Le défi des migrations ", Séminaire sur "L'intégration européenne : l'Unité dans l'efficacité", Rotterdam, 21st November 2016.
European Council of Brussels on 15th and 16th December 2005
Action Plan, 2015 Valletta Summit on Migrations, 11-12 November 2015. Declaration of the High-level Conference on the Eastern Mediterranean - Western Balkans Route, Council of the EU, Press Release 714/15,08/10/2015.
European Commission, COM(2016) 385 final, 7.06.2016. and the European Council, Conclusions of 28 June 2016.
European Commission, 2 March 2017.
Council of the European Union, Declaration EU-Turkey 18 March 2016.
The European Parliament asked for an inquiry into the Syrian refoulements on the Syrian-Turkish border. "MEPs ask EU to verify whether Turkey is shooting Syrians who try to cross border", European Parliament, press release, 21.06.2016.
Amnesty International denounced Turkey, saying that it has refused access to asylum procedure to nearly Afghans and had forced their return to Kabul just after the entry into force of the agreement. Amnesty International, The EU-Turkey deal: Europe's year of shame", 20.03.2017, www.amnesty.org. Human rights watch, "Q&A: Why the EU-Turkey Migration Deal is No Blueprint", 14 November 2016, https://www.hrw.org/news/2016/11/14/qa-why-eu-turkey-migration-deal-no-blueprint. and "The UN is struggling to access refugee camps in Turkey" Euractiv, 20 January 2017.
"Comprendre le déclin de la démocratie en Turquie", Le Monde, 9 March 2017.
European Commission, JOIN(2017) 4 final, 25.01.2017 and the informal European Council, Malta Declaration by the members of the European Council regarding the external aspects of migration, remedying the situation along the Central Mediterranean route, Press Release 43/17, 03/02/2017.
Hence the Council of the presidency and the government of national unity supported by the UN.
Eurostat, " The Member States of the EU granted protection in 2015 to more than 330,000 asylum seekers " Press Release, 75/2016 - 20 April 2016.
US Department of Defense (January 20, 2016), Joint Press Conference by Secretary Carter and French Minister of Defense Le Drian in Paris, France. http://www.defense.gov/News/Transcripts/Transcript-View/Article/643932/joint-press-conference-by-secretary-carter-and-french-minister-of-defense-le-dr
The mandate given to the European Commission to negotiate a readmission agreement with Morocco dates back to 2000 ; those started in June 2013 with Tunisia are not moving forwrd ; cooperation between the EU and Egypt regarding migration and mobility is at a even more elementary stage.
United Nations Support Mission in Libya, United Nations Human Rights Office of the High Commissioner, Detained and dehumanized, Report on Human rights abuses against migrants in Libya, 13th December 2016.: Human Rights Watch, World report 2017, Libya, https://www.hrw.org/world-report/2017/country-chapters/libya
Joint UNHCR and OIM statement on addressing migration and refugee movement along the central Mediterranean route", 2 February 2017, http://www.unhcr.org/news/press/2017/2/58931ffb4/joint-unhcr-iom-statement-addressing-migration-refugee-movements-along.html#.
EU Regulation n°2016/1624 of the European Parliament and the Council dated 14th September regarding the European border and coastguard, modifying regulation (EU) 2016/399 of the European Parliament and the Council and repealing the regulation (EC) no 863/2007 of the European Parliament and Council, regulation (CE) no 2007/2004 of the Council and the decision 2005/267/CE of the Council. to fight high-intensity battles against sizeable insurgent forces. Ibid.
European Commission, COM(2016) 194 final, 6 April 2016.
European Commission, COM (2016) 731 final, 16 November 2016.
European Commission, COM(2016) 882 final.: European Commission, COM(2016) 881 final, 21.12.2016: European Commission, COM(2016)883, 21.12.2016.
Beauchemin (Chris), Ichou (Mathieu) (dir.), Au-delà de la crise des migrants : décentrer le regard, Kathala, 2017.
Eurostat, 1.2 million first asylum requests recorded in 2016, Press release, 46/2017, 16 March 2017.
According to art 2§2 du TFEU "When the Treaties confer on the Union a competence shared with the Member States in a specific area, the Union and the Member States may legislate and adopt legally binding acts in that area. The Member States shall exercise their competence to the extent that the Union has not exercised its competence. The Member States shall again exercise their competence to the extent that the Union has decided to cease exercising its competence." For example if the Council has asked the Commission to make a proposal and if a proposal has been put forward by the Commission or if a competence has been exercised internally, in the event of an planned external action, the Member States can then no longer launch an intergovernmental cooperation agreement.france/20161005-france-germany-share-military-facilities
In this regard some Member States speak of reducing the structural funds in support of new Member States who are reluctant regarding migratory solidarity Cf. " Réfugiés : l'Allemagne suggère de couper les fonds de l'UE aux pays opposés aux quotas ", Le Figaro, 15 September 2015.