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What is Wrong with Solidarity in EU Asylum and Migration Law?

Karageorgiou, Eleni LU and Noll, Gregor (2022) In Jus Cogens p.131-131
Abstract
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 explore 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 obligatio in solidum and the French tradition of solidarism. We submit that the term ‘solidarity’ is actually a... (More)
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 explore 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 obligatio 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 Commission Pact on Migration and Asylum corroborates this finding. Overall, we find that the concept of solidarity in EU asylum and migration law engenders outcome expectations that it cannot deliver as the defense alliance it is. (Less)
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organization
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type
Contribution to journal
publication status
published
subject
keywords
Solidarity, EU Pact, Alliance, French solidarism, Asylum, Public international law, Asyl, Folkrätt
in
Jus Cogens
pages
154 pages
publisher
Springer Nature
ISSN
2524-3977
language
English
LU publication?
yes
id
bf579b34-058d-40b6-bb43-5e21847d6b66
alternative location
https://rdcu.be/dq4H1
date added to LUP
2022-01-19 15:41:47
date last changed
2025-04-04 15:13:59
@article{bf579b34-058d-40b6-bb43-5e21847d6b66,
  abstract     = {{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 explore 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 obligatio 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 Commission Pact on Migration and Asylum corroborates this finding. Overall, we find that the concept of solidarity in EU asylum and migration law engenders outcome expectations that it cannot deliver as the defense alliance it is.}},
  author       = {{Karageorgiou, Eleni and Noll, Gregor}},
  issn         = {{2524-3977}},
  keywords     = {{Solidarity; EU Pact; Alliance; French solidarism; Asylum; Public international law; Asyl; Folkrätt}},
  language     = {{eng}},
  month        = {{05}},
  pages        = {{131--131}},
  publisher    = {{Springer Nature}},
  series       = {{Jus Cogens}},
  title        = {{What is Wrong with Solidarity in EU Asylum and Migration Law?}},
  url          = {{https://lup.lub.lu.se/search/files/165086216/s42439-022-00059-4.pdf}},
  year         = {{2022}},
}