The aim of the study is the problem of the enforceability of one of the fundamental rights (right to asylum) provided for in the Charter of Fundamental Rights, which arose following the practice of the European Union concluding an agreement with a third country regarding immigration of foreigners, without formal requirements for the conclusion of international agreements by the European Union. The study deals with this issue based on the case of such an agreement which is the European Union-Turkey Statement of 18 March 2016, the purpose of which was to stop the further escalation of the migration crisis in the European Union. This statement activated the Court of Justice, which was faced with the task of answering the question about the legal nature of the Statement, which is important for the scope of protection of third-country citizens.