Related Papers
2018 MEDAM Assessment Report on Asylum and Migration Policies in Europe. Flexible Solidarity: A comprehensive strategy for asylum and immigration in the EU
2018 •
Afaf Rahim
The EU faces major challenges in asylum and migration policy: reorganize the EU asylum system, secure the external border, curb irregular immigration through cooperation with African governments, and support developing countries that host large numbers of refugees from Syria and elsewhere. These challenges are inter-connected and require a comprehensive approach with broad support by all EU member states. However, member states are affected by immigration in substantially different ways and the political preferences of policy makers and voters also vary widely–necessitating implementable proposals to overcome the EU’s asylum and immigration impasse. In the '2018 MEDAM Assessment Report', we propose a comprehensive strategy for EU asylum and immigration policies that is both politically feasible and effective, based on the concept of flexible solidarity between EU member states.
Croatian Yearbook of European Law and Policy
Is There Solidarity on Asylum and Migration in the EU?
2014 •
Iris Goldner lang
SEARCHING FOR SOLIDARITY IN EU ASYLUM AND BORDERS POLICIES
Philippe DE BRUYCKER
A conference on 26/27 February in Brussels organised by the Odysseus Academic Network
THE EU FACING MIGRATION CHALLENGES: THE PRINCIPLE OF SOLIDARITY AS THE NECESSARY GUIDING LIGHT TO MANAGE THE CRISIS
Francesco Luigi Gatta
Freedom of movement is one of the most representative characteristics of the EU and probably the most enjoyed right by its citizens. However, after more than 30 years since the signature of the Schengen Agreement in 1985, this essential pillar of the European integration process is seriously at stake. Factors such as the huge migratory pressures, the threat of terrorism, and the alarming spread of xenophobic and racist feelings fomented by some populist political parties, have led to individual measures like the construction of walls or the reintroduction of strict border controls. In order to have an area of free movement with a high level of security and an orderly management of the migratory flows, it is necessary to implement the principle of solidarity, as it is explicitly prescribed by the treaties. This paper intends to analyse which are the different types of implementing measures adopted by the EU in this regard, in order to verify whether and in which terms the principle of solidarity in the field of migration can be considered implemented.
European Papers: A Journal on Law and Integration
Flexible Solidarity in the New Pact on Migration and Asylum: A New Form of Differentiated Integration?
2023 •
juan santos vara
The evolution of differentiated integration in the field of asylum.-III. Flexible solidarity in the New Pact on Migration and Asylum.-III.1. The Proposal for a Regulation on Asylum and Migration Management: A fresh start?-III.2. The management of flexible solidarity.-III.3. Return sponsorship: A concept that did not please anyone.-IV. Solidarity in cooperating with third countries in the New Pact on Migration and Asylum.-V. The gradual approach: Towards a voluntary solidarity mechanism.-VI. Conclusion.
EU Responses to the Large-Scale Refugee Displacement from Ukraine: An Analysis on the Temporary Protection Directive and Its Implications for the Future EU Asylum Policy. Florence: European University Institute
The Declaration on a Voluntary Solidarity Mechanism and EU Asylum Policy. One Step Forward, Three Steps Back on Equal Solidarity
2023 •
Roberto Cortinovis
Jus Cogens
What Is Wrong with Solidarity in EU Asylum and Migration Law?
Eleni Karageorgiou
In this article, we explore why solidarity has not worked according to expectation in EU migration and asylum law and why it is unlikely to work in the future. First, we consider discourses of burden-sharing and solidarity in EU law from the 1990s up to the Lisbon Treaty in 2009 to identify emergent path dependencies. This period saw the introduction of primary law provisions on solidarity, such as Article 80 TFEU, as French and Dutch electorates had rejected a European constitution. Second, we perform an analysis of Article 80 through the conceptual history of solidarity, in particular, the dominant Roman law tradition of obligation in solidum and the French tradition of solidarism. We submit that the term ‘solidarity’ is actually a misnomer: already on structural grounds, Article 80 should be read as an alliance clause, countering a threat of irregular immigration. Third, we find that the practice under Article 80 as it develops during the period between 2015 and the 2020 European...
Solidarity's reach: Meaning, dimensions and implications for EU (external) asylum policy (MJECL 2017)
Violeta Moreno-Lax
Solidarity has a key role to play in the allocation of responsibility for refugee protection, as is implied by Article 80 TFEU. Yet, EU law fails to provide a definition and a clear indication of what it entails, especially as for its external reach. Against this background, this article embarks on a theoretical/practical investigation of the normative bases of 'EU solidarity'. Building on a cosmopolitan vision, it unpacks the multi-polar/multi-functional nature of the concept, as a founding value and constitutional (meta-)principle of EU law. In such a guise, it will posit that solidarity gives rise to an (autonomous) primary law duty of responsibility sharing/good faith cooperation that requires 'fairness' and 'respect for fundamental rights', as a uniform/all-pervading structural command generally applicable across policy fields. So configured , solidarity governs intra/extra-EU relations (based on the principle of coherence). The institutional, material, and procedural aspects of solidarity are thus explored to distil its horizontal, vertical, and systemic facets. Combined, they arguably produce a triple duty of conduct, loyalty, and result that permeates EU integration as a whole, calling into question the self-serving approach currently guiding the Common European Asylum System's (CEAS) 'external dimension', as exemplified by the EU-Turkey 'deal'.
EU Asylum Policy: In Search of Solidarity and Access to Protection
Lilian Tsourdi, Philippe DE BRUYCKER
The European asylum system is a relatively advanced regional protection framework, in both legislative and policy terms. However, that same system lacks a mechanism to distribute responsibility fairly among the Member States, as well as legal avenues by which persons in need of protection can access it. To the backdrop of the Syrian crisis and the rising toll of migrant deaths in the Mediterranean Sea, this brief analyses achievements and shortcoming in the area of solidarity and fair-sharing of responsibility between Member States, as well as the external dimension of EU’s common asylum system. In view of the adoption by the European Commission of a “European Agenda on Migration”, it offers tangible ideas for EU policy action that could meaningfully develop this policy and help address the humanitarian tragedy on the EU’s borders.
Maastricht Journal of Comparative and European Law
The Principle of Solidarity in Asylum and Migration within the Context of the European Union Accession Process
2017 •
Neža Kogovšek Šalamon
The paper addresses the question of the principle of solidarity in the fields of asylum and migration within the context of accession negotiations between the European Union and the candidate countries for EU membership. When candidate countries fulfil the membership conditions, it is expected that they will share the values of solidarity, mutual assistance, and burden sharing in the fields of asylum and migration to the detriment of state sovereignty. The paper is based on the hypothesis that solidarity in the field of asylum and migration has not been discussed within the enlargement process, meaning that the new Member States were not aware of the concrete forms this principle could have taken in the future. This hypothesis was tested on three case studies by analysing the accession documents of one candidate country from each of the three enlargement processes (Slovenia, Bulgaria and Croatia). The paper concludes by showing that with agreeing to the EU treaties, its solidarity clause and the majority vote rules, either as Member States or candidates, the states undertook the duty to transpose obligations in the fields of asylum and migration even if they did not agree with them. Please cite the published version of the article: Kogovšek Šalamon, Neža: The principle of solidarity in asylum and migration within the context of the European Union accession process, Maastricht Journal of European and Comparative Law, First Published December 13, 2017, DOI: 10.1177/1023263X17742814.
