M.S.S. v. BELGIUM AND GREECE JUDGMENT
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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.