Nevertheless, the EU has often resorted to rhetoric to prevent migrants from dying at sea to justify the deal with Turkey. On this point, there is no doubt that it has not achieved its goal: 2016 was the most tragic year, with more than 5,000 deaths trying to reach Europe via the Mediterranean.15 The sharp increase of 3,771 in 2015 may well be the result of migrants who tend to use the central Mediterranean, the deadliest route. In short, even though the number of deaths in the Aegean Sea has decreased, as the European Commission has repeatedly pointed out, this is unfortunately not the case, even if the central Mediterranean route is taken into account. The part of the agreement that was best adopted – safe transit to Europe, also known as Mechanism 1 to 1 – was not working properly either. Only 3,565 Syrian refugees have been displaced from Turkey to Europe, a negligible number compared to the target of resettleing 72,000 refugees, and even more than the nearly 3 million Syrians in Turkey.28 Chart 2 shows the number of people displaced outside Turkey under the agreement. Germany accepted by far the highest figure. The reason is not only the size of the population and its economic situation, but also the fact that it is the key country behind the development and negotiation of the agreement with Turkey. The Netherlands and France have followed Germany`s lead: as founding members of the EU, they only assume their responsibilities. The legal nature of the EU-Turkey declaration is unclear, as EU negotiators have not followed the EU procedure for entering into contracts with third countries26.26 This is why it is referred to as a “declaration” and not an agreement, as it has not been approved by the European Parliament. That is why the Court of the European Union has declared that it is competent in a case brought by three asylum seekers against the agreement27, making a clear distinction between the Member States and the EU itself.
While the world experienced one of the most tragic crises in the history of refugees in 2015, the EU has found itself at a dead end due to the conflicting interests of its Member States and its inability (or reluctance) to find a common solution to this global challenge.1 Despite the efforts of the European Commission and the publication of the European migration programme2 , this deep crisis of solidarity has resulted in the categorical refusal of some Member States to implement the resettlement system approved by some Member States. Council of September 2015 (3) No common solution has been found, In order to distribute migrants and asylum seekers equitably among Member States, it was decided to strengthen EU cooperation with countries of origin and transit.4 With a Syrian refugee population of around 2.5 million refugees at present and the main transit country for migrants to the EU via the Balkan route , Turkey has been identified as a starting point for the resolution of the European impasse.6 The Heads of State and Government met on 29 November 2015. An evaluation of the implementation of the agreement should also take into account the fact that this situation occurred at a time when Brussels was blocked.