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AMMR:
Article 6 – Principle of solidarity and fair sharing of responsibility

1. In implementing their obligations under this Regulation, the Union and the Member States shall observe the principle of solidarity and fair sharing of responsibility as enshrined in Article 80 TFEUTreaty on the Functioning of the European Union, and shall take into account their shared interest in the effective functioning of the Union’s asylum and migration management policies.

2. In fulfilling their obligations under this Regulation, Member States shall cooperate closely and shall:

(a) establish and maintain national asylum and migration management systems that provide effective access to international protection procedures, grant international protection to applicants who are in need, and ensure the effective and dignified return of third-country nationals who are illegally staying, in accordance with Regulation (EU) Directive 2008/115/ECReturns Directive, and provide and invest in the adequate reception of applicants for international protection, in accordance with Directive (EU) 2024/1346Reception Directive;

(b) ensure that necessary resources and sufficient competent personnel are allocated for the implementation of this Regulation and, where Member States consider it necessary or where applicable, request support from relevant Union bodies, offices and agencies for that purpose;

(c) take all measures necessary and proportionate, in full compliance with fundamental rights, to prevent and reduce irregular migration to the territories of the Member States, including to prevent and combat migrant smuggling and trafficking in human beings and to protect the rights of smuggled migrants and trafficked human beings;

(d) correctly and expeditiously apply the rules on the determination of the Member State responsible for examining an application for international protection and, where necessary, carry out the transfer to the Member State responsible pursuant to Chapters I to VI of Part III and Chapter I of Part IV;

(e) provide effective support to other Member States in the form of solidarity contributions on the basis of needs set out in Part II or IV;

(f) take effective measures to reduce incentives for and to prevent unauthorised movements of third-country nationals and stateless persons between the Member States.

3. To support Member States in fulfilling their obligations, the Permanent EU Migration Support Toolbox shall include at least:

(a) operational and technical assistance by the relevant Union bodies, offices and agencies in accordance with their mandates, in particular by the Asylum Agency in accordance with Regulation (EU) 2021/2303European Union Agency for Asylum Regulation of the European Parliament and of the Council (29) , the European Border and Coast Guard Agency in accordance with Regulation (EU) 2019/1896Frontex Regulation and the European Union Agency for Law Enforcement Cooperation (Europol) in accordance with Regulation (EC) 2016/794Europol Regulation of the European Parliament and of the Council (30) .

(b) support provided by the Union funds for the implementation of the common framework set out in this Part in accordance with Regulation (EU) 2021/1147Asylum, Migration and Integration Fund Regulation and, where relevant, Regulation (EU) 2021/1148Financial Support for Border Management and Visa Policy Regulation of the European Parliament and of the Council (31) ;

(c) derogations in the Union acquis providing Member States with the necessary tools to react to specific migratory challenges as referred to in Regulations (EU) 2024/1359Crisis and Force Majeure Regulation and (EU) 2024/1348Procedures Regulation and Regulation (EU) 2024/1349Return Border Procedure Regulation of the European Parliament and of the Council (32) ;

(d) activation of the Union Civil Protection Mechanism in accordance with Regulation (EU) 2021/836 of the European Parliament and of the Council (33) ;

(e) measures to facilitate return and reintegration activities, including through cooperation with third countries, and in full compliance with fundamental rights;

(f) strengthened actions and cross-sectoral activities in the external dimension of migration;

(g) enhanced diplomatic and political outreach;

(h) coordinated communication strategies;

(i) supporting effective and human rights-based migration policies in third countries;

(j) promoting legal migration and well-managed mobility, including by strengthening bilateral, regional and international partnerships on migration, forced displacement, legal pathways and mobility partnerships.


29. Regulation (EU) 2021/2303 of the European Parliament and of the Council of 15 December 2021 on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010 (OJ L 468, 30.12.2021, p. 1). ↩︎

30. Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53). ↩︎

31. Regulation (EU) 2021/1148 of the European Parliament and of the Council of 7 July 2021 establishing, as part of the Integrated Border Management Fund, the Instrument for Financial Support for Border Management and Visa Policy (OJ L 251, 15.7.2021, p. 48). ↩︎

32. Regulation (EU) 2024/1349 of the European Parliament and of the Council of 14 May 2024 establishing a return border procedure, and amending Regulation (EU) 2021/1148 (OJ L, 2024/1349, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1349/oj). ↩︎

33. Regulation (EU) 2021/836 of the European Parliament and of the Council of 20 May 2021 amending Decision No 1313/2013/EU on a Union Civil Protection Mechanism (OJ L 185, 26.5.2021, p. 1). ↩︎


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Categories: Articles Key words: Illegal stay, Mandatory Solidarity, Member State Responsible

Keywords

Absconding Accelerated Examination Procedure Adequate capacity Annual Solidarity Pool Asylum Border Procedure Beneficiary of temporary protection Best Interests of the Child Biometric data Common Identity Repository (CIR) Crisis/Force Majeure Detention Determining authority Effective Remedy Eurodac Facial image data Family members Fingerprint data Hit Humanitarian admission Identification Identity data Illegal stay Mandatory Solidarity Member State Responsible Migratory pressure Minor Non-Refoulement Refugee status Relocation Remain in the Member State Representative Resettlement Return Border Procedure Safe Country of Origin Safe Third Country Search and rescue operation Secondary Movement Special procedural guarantees Special reception needs Stateless person Subsequent application Subsidiary protection status Transfer Unaccompanied minor Visa

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