Building Solidarity in the Field of Asylum: From an Abstract Principle to an Effective Policy?

Abstract

Solidarity is widely present in European Union legislation. Several primary law provisions reflect its articulation, simultaneously assuming it as a value, an objective and a principle. Article 80 TFEU provides that the principle of solidarity and fair sharing of responsibility between Member States is the “guiding principle” of all common Union policies on border management, asylum, and immigration. Despite all this, solidarity has so far lacked a clear definition and meaning, appearing rather as an “amorphous concept”. Indeed, political narrative recognises solidarity as “the glue that holds our Union together”. However, in practice and as far as asylum is concerned, the conception according to which “solidarity must be given voluntarily, it must come from the heart, it cannot be forced” seems to prevail. By critically reviewing the relevant literature and the CJEU’s jurisprudence, this paper pursues a twofold purpose: examining the doctrinal debates on the nature, scope and (abstract or binding) character of the solidarity principle; and gauging the role that the CJEU may be playing towards an effective solidarity, uncovering the constitutional bases that prevent from continuing to treat solidarity, in its multiple manifestations and policy areas, in particular that of asylum, as little less than the stone guest.

Received: 31 July 2022
Accepted: 10 October 2022