Κατεύθυνση Ευρωπαϊκό ΔίκαιοLibrary of the School of Law
Μεταξία Ι. Κουσκουνά, Επίκουρη Καθηγήτρια, Τομέας Διεθνών Σπουδών, Νομική Σχολή Αθηνών, ΕΚΠΑ
Ρεβέκκα - Εμμανουέλα Παπαδοπούλου, Αναπληρώτρια Καθηγήτρια, Τομέας Διεθνών Σπουδών, Νομική Σχολή Αθηνών, ΕΚΠΑ
Εμμανουήλ Περάκης, Επίκουρος Καθηγητής, Τομέας Διεθνών Σπουδών, Νομική Σχολή Αθηνών, ΕΚΠΑ
Οι αρχές της αλληλεγγύης και της δίκαιης κατανομής των ευθυνών στον τομέα του ΧΕΑΔ κατ΄άρθρο 80 ΣΛΕΕ
The principles of solidarity and fair sharing of responsibility in the field of AFSJ under the Article 80 TFEU
The present paper deals with the principles of solidarity and fair sharing of responsibilities in the field of asylum, immigration and border management (Articles 77-80 TFEU) according to the Article 80 TFEU. The main subject of investigation is the concept of the responsibility of the Member States of the EU to offer assistance in case of a crisis in the above areas, due to the fact that solidarity is closely linked to responsibility, as the duty of solidarity strengthens and increases the responsibilities of the Member States, while at the same time it is a responsibility itself. The goal of this paper is to present the ways in which the principles of solidarity and fair distribution of responsibilities are manifested, capitalized and implemented, not only among the Member States within the Area of Freedom, Security and Justice, but also towards certain third countries and their people, on the occasion of the refugee and migration crisis that Europe has been dealing with recently.
The first part of the paper examines the theoretical basis on which the demand for solidarity between Member States is based on and analyses some of the forms in which it is expressed and implemented, such as the financial and material support towards the Member States in order for them to cope with the needs that occur in the field of asylum, immigration and border management through the establishment of funds and of the appropriate agencies. Moreover, the paper refers to the readmission agreements concluded by the EU with third countries and the EU-Turkey Statement, as they are examples of solidarity measures that the EU takes that benefit not only the Union and the Member States themselves, but also the contracting non- member States that receive substantial support.
The second part of the present paper attempts to analyze the principle of fair distribution of responsibilities between the Member States within the AFSJ. The first chapter refers to the emergency relocation measures taken by the EU, as well as to the recent CJEU’s decision finding that Poland, Hungary and the Czech Republic had breached the relocation commitments they had undertaken. Moreover, the disparities in the distribution of responsibilities between Member States in the domain of asylum and migration created by the Dublin Regulation are analyzed, as well as the legislative proposals for the reform of the Dublin system. The paper concludes with a reference to the very recent Proposal of the Commission for a New Pact on Asylum and Immigration, which introduces new solidarity measures among the Member States, but probably does not provide for a "fairer" mechanism for allocating asylum seekers as it preserves the main ideas of the present Dublin Regulation.
Main subject category:
Law and Legislation
Other subject categories:
solidarity, fair sharing, responsibility, Asylum, Immigration, Borders, Dublin Regulation, New Pact for the asylum, European Union, Resettlement agreements, Turkey, Funds, FRONTEX