From the Mediterranean to the Baltic: The problem of implementing the principle of solidarity in the EU area of immigration and asylum

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.