Abstract
Solidarity between the Member States of the EU is mostly called upon during times of crisis, as also now during the Covid-19 pandemic. In this article, the definition and importance of solidarity is studied with a focus on the internal market. It appears that solidarity does not have one unequivocal meaning, but that its importance and value depend per EU policy area. Yet, it is noteworthy that elements of reciprocity and altruism lie at the core of the value. In the context of the internal market, the principle is not referred to in the specific Treaty provisions on the fundamental freedoms. However, solidarity and the idea behind it can be enforced through the principle of loyalty within the meaning of Article 4(3) TEU. The reaction of the Union and the Member States to the Covid-19 outbreak illustrates how solidarity is reflected during crises. Studying the recent actions seems to confirm the conclusion that solidarity within the single market is rather a political aspiration, that is not legally binding or enforceable by itself. However, one could argue that this requires change, since it follows from the current pandemic that solidarity is crucial for the resilience of the internal market in times of crisis. The principle of loyalty can indeed play an instrumental role here and can be used to enforce the objectives of solidarity.
Highlights
‘Europe ne se fera pas d’un coup ni dans une construction d’ensemble: elle se fera pour des réalisations concrètes, créant d’abord une solidarité de fait.’[1]
It is noteworthy that both Article 2 TEU and the preambles of the Treaty and the Charter of Fundamental Rights (CFR) refer to solidarity as a ‘value’ of EU law, whereas the other, more specific Treaty provisions like Article 21 TEU and Article 80 TFEU refer to the ‘principle’ of solidarity
Solidarity is rather a political aspiration, expressed and enforceable by the principle of loyal cooperation established in Article 4(3) TEU
Summary
‘Europe ne se fera pas d’un coup ni dans une construction d’ensemble: elle se fera pour des réalisations concrètes, créant d’abord une solidarité de fait.’[1]. Solidarity appears to be called upon mostly in times of crisis, as, for example, during the Eurozone crisis and the refugee crisis.[6] During the current Covid-19 crisis, the EU again calls for solidarity among the Member States to combat the pandemic.[7] Global solidarity is mentioned as a value lying at the basis of the vaccines strategy.[8] Yet, at the beginning of the coronavirus outbreak, it seemed that only national, unilateral measures were taken by the Member States, mostly to protect their own citizens and markets.[9] The Union was criticised for the lack of a common, European approach by scholars.[10] Later, the EU increasingly announced different measures, aiming to establish such a coordinated approach, mostly by issuing different soft-law instruments.[11] Against this background, the question arises what EU solidarity exactly entails, how it can be and how it is given effect to by both the Member States and the Union in their attempt to tackle the pandemic. This paper will end with a conclusion (Section 4)
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