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22 Eur. J. Migration & L. 1 (2020)

handle is hein.journals/ejml22 and id is 1 raw text is: 


                     EUROPEAN   JOURNAL  OF MIGRATION              journalof
 BRILL                     AND  LAW 22 (2020) 1-10                  an
NIJHOFF                                                           brillcom/emil



Migration Crises and the Principle of Solidarity

in  Times of Sovereignism: Challenges for EU Law

and   Polity



i       Introduction: the Implementation of   the Principle of Solidarity as
        a 'Make-it or Break-it' Challenge for the EU1

1.1     Does the European  Integration Process Postulate Solidarity?
This special issue aims at addressing the crisis of solidarity which is hammer-
ing the governance of irregular migration and asylum policies within the EU.2
   The Treaties expressly mention the pivotal role of the principle of solidarity
in the EU integration process, as one finds in Articles 2 and 3 of the TEU, where
solidarity is among the fundamental values of the EU. To be more precise, soli-
darity is also one of the founding principles of the internal market, which aims
at achieving a social market economy, realizing solidarity between generations
and among   Member   States.3
   In the field of migration and asylum law, solidarity between Member States
is a core element of the common   policies on asylum, immigration  and exter-
nal border  controls, together with fairness toward third-country nationals.4
For example,  Article 80 TFEU mirrors the concern  about solidarity by stating
that migration policies shall be governed by the principle of solidarity and fair
sharing of responsibility.5 Moreover, in his Opinion in the case Slovakia and


1  Before the German Parliament, Angela Merkel stated: Europe faces many challenges,
   but that of migration could become the make-or-break one for the EU. Source: Reuters,
   Migration challenge is make-or-break for EU, says passionate Merkel, on 28.6.2018, at https://
   www.reuters.com/article/us-europe-migrants-merkel/migration-challenge-is-make-or
   -break-for-eu-says-merkel-idUSKBNiJOoTO [last access: 5.12.2019].
2  Takle, M. (2018) Is the migration crisis a solidarity crisis?, in: A. Grimmel (Ed), The Crisis of the
   European Union, London: Routledge, pp. 116-129.
3  See Witte, F. de, (2015) Justice in the EU: the Emergence of Transnational Solidarity, Oxford:
   Oxford University Press; Sangiovanni A. (2013) Solidarity in the European Union, Oxford
   Journal of Legal Studies, pp.1-29.
4  Article 67 TFEU.
5  Biondi A., Dagilyte, E., Kiigiik, E. (Eds) (2018), Solidarity in EU Law: Legal Principle in the
   Making, London: Edward Elgar; Karageorgiou, E. (2018) Rethinking solidarity in European asy-
   lum law: A critical reading of the key concept in contemporary refugee policy (thesis), Lund: Lund


© KONINKLIJKE BRILL NV, LEIDEN, 2020 1 DOI:10.1163/15718166-12340066

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