Emergency measures on migration: Article 78(3) TFEU

06-03-2020

Article 78(3) of the Treaty on the Functioning of the European Union (TFEU) provides for the adoption of provisional measures in emergency migratory situations at the EU's external borders. It was first used during the 2015 migration crisis. On the basis of that article, the Council of the EU adopted binding decisions providing for the relocation from Italy and Greece of 160 000 people so as to ensure a fair and balanced distribution of, and sharing of responsibility for, asylum-seekers who were already present in the EU. However, despite most Member States' willingness to relocate asylum-seekers, some challenged the Council's decision before the Court of Justice of the EU (CJEU) or refused to help implement the decision. On 1 March 2020, in the light of events on its Turkish border, Greece announced that it wanted Article 78(3) TFEU to be used to ensure full EU support in the situation of a sudden influx of third-country nationals into the EU.

Article 78(3) of the Treaty on the Functioning of the European Union (TFEU) provides for the adoption of provisional measures in emergency migratory situations at the EU's external borders. It was first used during the 2015 migration crisis. On the basis of that article, the Council of the EU adopted binding decisions providing for the relocation from Italy and Greece of 160 000 people so as to ensure a fair and balanced distribution of, and sharing of responsibility for, asylum-seekers who were already present in the EU. However, despite most Member States' willingness to relocate asylum-seekers, some challenged the Council's decision before the Court of Justice of the EU (CJEU) or refused to help implement the decision. On 1 March 2020, in the light of events on its Turkish border, Greece announced that it wanted Article 78(3) TFEU to be used to ensure full EU support in the situation of a sudden influx of third-country nationals into the EU.