M.S.S. v. BELGIUM AND GREECE JUDGMENT 11 Article 2 “The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities ...” Article 6 “1. The Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union of 7 December 2000, as adapted at Strasbourg, on 12 December 2007, which shall have the same legal value as the Treaties. ... 3. Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the member States, shall constitute general principles of the Union’s law.” 2. The Treaty on the Functioning of the European Union (as amended by the Treaty of Lisbon, which entered into force on 1 December 2009) 58. The issues of particular relevance to the present judgment are covered by Title V (“Area of freedom, security and justice”) of Part Three of the Treaty on the Functioning of the European Union on Union policies and internal actions” of the Union. In Chapter 1 of this Title, Article 67 stipulates: “1. The Union shall constitute an area of freedom, security and justice with respect for fundamental rights and the different legal systems and traditions of the member States. 2. It ... shall frame a common policy on asylum, immigration and external border control, based on solidarity between member States, which is fair towards thirdcountry nationals. ...” 59. Chapter 2 of Title V concerns “Policies on border checks, asylum and immigration”. Article 78 § 1 stipulates as follows: “The Union shall develop a common policy on asylum, subsidiary protection and temporary protection with a view to offering appropriate status to any third-country national requiring international protection and ensuring compliance with the principle of non-refoulement. This policy must be in accordance with the Geneva Convention ... and other relevant treaties.” 60. Article 78 § 2 provides, inter alia, for the Union’s legislative bodies to adopt a uniform status of asylum and subsidiary protection, as well as criteria and mechanisms for determining which member State is responsible for considering an application for asylum.

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