Research team

The Legal Value of the Principle of Solidarity in EU Asylum and Migration. 01/11/2023 - 31/10/2025

Abstract

Solidarity constitutes a highly-debated, yet under-conceptualized notion that has only been rendered substance in operational terms. Many solutions at EU level have been opted for to reduce the lack of solidarity in asylum matters among Member States, however, these have shown to be insufficient to tackle the absence of fair sharing of responsibility of asylum applications within the EU. Moreover, scholars to date mostly zoomed in on the correlation between solidarity and asylum, but have kept distance from its substance, legal value and obligations in broader migratory contexts, and especially at the EU's external borders. This project will, firstly, provide the elaboration and conceptualization of the principle of solidarity from a broad migratory angle, taking into account general principles of EU law, including the principle of subsidiarity and proportionality. Secondly, emphasis will be put on the new Pact on Asylum and Migration and how this coincides with the meaning linked to solidarity given by this project. Lastly, this research will analyze if and in what circumstances a lack of solidarity among Member States in migratory contexts and at the EU's external borders can result in the triggering of infringement procedures following Articles 258 to 260 TFEU and as a last resort Article 7 TEU.

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Research team(s)

Project type(s)

  • Research Project