От Средиземноморья до Балтики: проблема имплементации прин­ципа солидарности в рамках политики ЕС в области иммиграции и убежища

Vadim V Voynikov

doi:10.5922/2079-8555-2019-2-2

Abstract

The 2015 migration crisis significantly affected the EU’s area of freedom, security, and justice and challenged the cohesion and solidarity of the European Union. Although the crisis is past its peak, it is not over yet: problems and challenges associated with it persist. One of them is the lack of a common approach among member states to the implementation of the principle of solidarity in the EU area of immigration and asylum. This work aims to consider the legal and political aspects of the implementation of the principle of solidarity and fair sharing of responsibility in the area of immigration and asylum. This study relies on the works of Russian and international experts in European integration and European law and on the analysis of EU regulations. There are two dimensions to the implementation of the principle of solidarity: the political and legal ones. The legal perspective provides certain clarity to the issue. According to the European Court of Justice, this principle is binding: it is capable of imposing the legal obligation of solidarity. However, as to the political perspective, member states have not been able to reach compromise. Although it is possible to introduce a permanent relocation mechanism using qualified majority voting, the Council usually seeks consensus. In this situation, the goal of the EU is not to ensure the right decision but rather to create conditions for it to be implemented by all the member states.

Highlights

Border management, including the area of immigration and asylum, is the key component of the EU area of freedom, security, and justice
According to Article 80 of the TFEU, the EU area of immigration and asylum and its implementation shall be governed by the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States
This article addresses the implementation of the principles of solidarity, and fair sharing of responsibility among EU member states in the are of immigration and asylum

Summary

Introduction

Border management, including the area of immigration and asylum, is the key component of the EU area of freedom, security, and justice. According to Article 80 of the TFEU, the EU area of immigration and asylum and its implementation shall be governed by the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States. Solidarity is the founding principle of the EU immigration policy, the EU system of Justice, and European unity [3]. The economic and migrant crises challenged European unity and its founding principles, including that of solidarity. This article addresses the implementation of the principles of solidarity, and fair sharing of responsibility among EU member states in the are of immigration and asylum

Solidarity amid the migrant crisis

Judicial control over the implementation of the solidarity principle

The Dublin Regulation reform

Conclusion