The Constitutional Concept of Solidarity in Eu Law: Some Reflections on The Interrelationship Between Solidarity, Constituent Power, and Non-Domination

Abstract

The notion of solidarity is a key constitutional concept in EU law, but its exact meaning remains somewhat vague. What, if anything, is ‘constitutional’ about solidarity we may readily ask? It could be argued that solidarity is connected to the structure of EU law and linked to the very idea of trust, loyalty, and interdependence between the Member States. Moreover, solidarity appears to have many traits that are similar to the notions of fairness and justice, and values in the EU. In this article, I will trace and discuss the similarities between solidarity on the one hand and other constitutional concepts such as the idea of a ‘constituent power’ and non-domination on the other in order to further clarify their meaning and interdependence.