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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License
Article
CHANCES FOR MORE SOLIDARITY IN THE REFORM OF THE COMMON EUROPEAN ASYLUM SYSTEM?
Author(s)
Ulrike Brandl
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DOI:10.17265/1548-6605/2017.12.001
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ABSTRACT
The
contribution focuses on the notion solidarity in the Common European Asylum
System (CEAS), noting examples of deficits and lack of solidarity in practice,
with a particular emphasis on the events in the course of and following the
mass arrival of migrants to Europe since 2014. It analyses the possibilities to
invoke solidarity in the present system (such as the early-warning mechanism as
part of the Dublin system, the Temporary Protection
Directive and provisional measures in situations of emergency based on Article
78 (3) TFEU). In order to illustrate what would be required to improve
solidarity in practice, the term solidarity is interpreted. Though the notion
is frequently used, it is neither defined in public international law treaties,
nor in EU law. The interpretation of the word solidarity shows that it means
working together, sharing responsibilities and duties, and also comprises that positive effects of actions based on
solidarity are shared in the community. It is a value, a concept and a legal
principle, which requires acting together in order to reach common aims. The
contribution continues with an analysis of the possibilities to invoke
solidarity in the reform of the CEAS.
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