Article 67 (2), of Treaty on the Functioning of the European Union (TFEU), binds the «common policy on asylum, immigration and external border control» to the «
solidarity between Member States» and to be «fair towards third - country nationals» (stateless persons shall be treated as third - country nationals).
It argues that the Council, when adopting the decision in question, was in fact required to give effect to the principle of
solidarity between Member States, which applies under Article 80 TFEU when EU migration policy is implemented (paras. 252 and 329 of the Judgment).
The recent response of the CJEU to the Slovakian and Hungarian challenge (C - 643 and C - 647 / 15, the migrant quotas verdict) to the Council decision on the relocation of migrants from Italy and Greece (the relocation decision) seems to establish that the principle of
solidarity between Member States in the area of EU immigration policy can be a source of EU obligations susceptible to judicial enforcement.
Advocate General (AG) Bot, who gave the Opinion in this case, also submits that the principle of
solidarity between Member States in the area of EU immigration policy has a specific content and a binding nature (para. 23 of the Opinion).
It claims that a certain degree of financial
solidarity between Member States is inherent in all EU instruments relating to the rights of free movement and residence.
@Chloe TFEU, Title V, Chapter 1, Article 67, Subsection 2: «It... shall frame a common policy on asylum, immigration and external border control, based on
solidarity between Member States, which is fair towards third - country nationals.»
The Socialists and Christian Democrats are open to some reform of the EU in line with the message expressed by Juncker in his campaign for the presidency of the EU Commission for a social Europe and
solidarity between member states.
Not exact matches
These values are common to the
Member States in a society in which pluralism, non-discrimination, tolerance, justice,
solidarity and equality
between women and men prevail.
Solidarity is referred to as a core element of the cooperation
between EU
Member States in the Schuman declaration of 9 May 1950, which represents the founding act of the EU.
Furthermore, in its ruling the CJEU rejected the view that the application of the principle of
solidarity between EU
Member States is based upon voluntarism.
These are: «Protection of the minority against the majority» (Paragraph 5.22); «
Solidarity between EU citizens and
between them and the
Member States» (Paragraph 5.23); and «[c] omplications in the case of young children who are EU citizens» (Paragraph 5.24).
Value - laden concepts, such as the principle of
solidarity between EU
Member States, are unlikely to produce legally binding commitments on their own.
This position was embraced by the CJEU when it decided in the migrant quotas case that the duty of
solidarity between EU
Member States represents a source of their legally enforceable obligations.
In that document, the application of the principle of
solidarity between EU
Member States in the immigration domain is made conditional upon the responsibility of the beneficiaries of this principle to undertake all possible measures in order to reduce their burden, which should be shared with other states conforming with the duty of solidarity (p. 3 of the Re
States in the immigration domain is made conditional upon the responsibility of the beneficiaries of this principle to undertake all possible measures in order to reduce their burden, which should be shared with other
states conforming with the duty of solidarity (p. 3 of the Re
states conforming with the duty of
solidarity (p. 3 of the Report).
The Court ruled that the contested decision gives effect to the principle of
solidarity between EU
Member States.
They are based on Articles 78 TFEU, which empowers the EU to pass laws benefiting
states overwhelmed by a sudden inflow of migrants, and Article 80 TFEU, which stipulates that such decisions must be governed by the principle of solidarity and fair sharing of responsibility between Member S
states overwhelmed by a sudden inflow of migrants, and Article 80 TFEU, which stipulates that such decisions must be governed by the principle of
solidarity and fair sharing of responsibility
between Member StatesStates.
Fulfilling this precept, Article 80 determines that this policy is governed by the
solidarity principle and by the share of the responsibilities
between Member States, including in the financial plan, and if necessary, the acts adopted by the EU in executing it policy «shall contain appropriate measures to give effect to this principle».