Unit:
Κατεύθυνση Δίκαιο της Ευρωπαϊκής ΈνωσηςLibrary of the School of Law
Supervisors info:
Metaxia Kouskouna, Assistant Professor, Law School, National and Kapodistrian University of Athens
Rebecca-Emmanuela Papadopoulou, Associate Professor, Law School, National and Kapodistrian University of Athens
Theodoros G. Iliopoulos, Prof. Dr., Law School, National and Kapodistrian University of Athens
Original Title:
The principle of solidarity in the area of fFreedom, security and justice
Translated title:
The principle of solidarity in the area of fFreedom, security and justice
Summary:
The dissertation examines the concept and the practical implementation of the principle of solidarity in the context of the EU Area of Freedom, Security and Justice. In particular, it aims at analyzing: a) how the principle should be perceived and applied effectively in the conduct of the common policy on the management of asylum and migratory flows and the protection of the Union's external borders; b) how the EU institutions and the Member States have responded in practice to the demands of solidarity. This dual research objective defines the structuring of the thesis in its two parts: The first one includes the attempt to interpret solidarity through a teleological approach, which delves into the reasons that render it necessary, its binding or not legal nature, the personal and material scope of obligations that may derive from it, as well as the ways the legal views about it are influenced by historical circumstances and by moral, political, economic and philosophical considerations. The second part concerns the legal measures that have been adopted on EU level to give a concrete effect to solidarity, explains the reasoning underlying their enactment and assesses their (lack of) effectiveness, especially with regard to the objective of a establishing a system of fair allocation of responsibilities among the Member States. Finally, it examines critically the absence of solidarity in the incentives and actions of the Member States, in particular since the early 2010s until nowadays, which have resulted in consistent violations of EU law, the inefficiency of the EU policy on asylum, migration and external border control and the jeopardy of fundamental rights' protection.
Main subject category:
Law and Legislation
Other subject categories:
European law
Keywords:
EU law, solidarity, Area of Freedom, Security and Justice, policy on asylum, migration and external border control, allocation of responsibilities among the Member States, fundamental rights' protection, asylum and migratory flows, EU external borders
Number of references:
188
The principle of solidarity in the Area of Freedom, Security and Justice (Nikolaos Fressas).pdf (1 MB)
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Statement of responsibility for postgraduate thesis - Nikolaos Fressas.pdf.zip
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