According to Article 3 (3) TEU, the EU aims at promoting «economic, social and territorial cohesion, and
solidarity among Member States».
The TPD includes a mechanism to pursue
solidarity among Member States, via financial support and physical relocation based on the principle of volunteerism.
[1] By contrast, the Court does not subject the triggering of the duty of
solidarity among Member States in EU migration matters to such a condition.
It implicitly rejects the opinion that the principle of
solidarity among Member States should be a basis for voluntary commitments.
Although the Court of Justice of the European Union (CJEU) long ago characterised the deliberate refusal of a Member State to implement EU law as a «failure in the duty of solidarity» that «strikes at the fundamental basis» of the EU legal order (Case 39/72, para. 25), it has not been clear whether the principle of
solidarity among Member States can be enforced in European courts.
Not exact matches
It seems that the exact effect of the
solidarity principle
among Member States depends upon the concrete circumstances existing in the sector in which the principle will apply.
The Court rejected this challenge and upheld enforceability of the duty of
solidarity among EU
Member States.