What is Wrong with Solidarity in EU Asylum and Migration Law?

Karageorgiou, Eleni; Noll, Gregor

doi:10.2139/ssrn.3974596

Cited by 3 publications

(2 citation statements)

References 8 publications

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“…The common feature of solidarity's various historical manifestations is that it denotes a particular community. 14 In the same vein, the signatories of the Treaty establishing the European Economic Community (EEC), were aware that the political project they were embarking on was dependent on establishment of shared values and a sense of community grounded, first and foremost on a 'de facto solidarity' which could further unite their countries. 15 The Preamble to the Treaty establishing the European Coal and Steel Community (1951) emphasized that 'Europe can be built only through real practical achievements which will first of all create real solidarity, and through the establishment of common bases for economic development', and later on both the Single European Act (1986) and the Maastricht Treaty (1992) listed 'economic and social cohesion and solidarity among Member States' among the Community's objectives.…”

Section: The Dimensions Of Solidarity In Eu Lawmentioning

confidence: 99%

Solidarity and the Crisis of Values in the European Union

Groussot,

Karaeorgiou

2023

NJEL

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Looking at Article 2 TEU, this contribution considers that there is an external and an internal crisis of values: the former referring to challenges to EU values coming from individual Member States which prioritize their own agendas and the latter referring to the tension between a liberal and more solidarity-driven understanding of the EU’s foundations as it stems from the very wording of Article 2 TEU. In an attempt to unpack solidarity and offer a better understanding of its nature, scope and legal implications for the EU and its Member States, this contribution proceeds as follows: first, it studies solidarity within a specific methodological and theoretical framework based on a ‘structured network of EU principles’ established by the CJEU in the post-Lisbon era. Second, it operates under the assumption that a holistic understanding of EU solidarity requires us to go beyond the dominant form of solidarity based on the relationship between Member States (‘interstate solidarity’) and to explore the relationships between individuals (‘interpersonal solidarity’). Our key argument is that a larger institutional recognition of ‘interpersonal solidarity’ has the potential to put the social question more squarely on the table and, as such, to enable the EU to better address the polycrisis it is facing. A ‘Scellian approach’ to EU solidarity - which places the person at the heart of the theoretical framework and as the real subject of solidarity is useful to adopt as a source of inspiration in such an endeavour.

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Section: The Dimensions Of Solidarity In Eu Lawmentioning

confidence: 99%

Solidarity and the Crisis of Values in the European Union

Groussot,

Karaeorgiou

2023

NJEL

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“…Another aspect often missing from the implementation literature is a closer look at how the norms and values of the CEAS are interpreted and diffused and come in to play in practice. There are separate studies investigating specific aspects of values in the CEAS, such as that by Facchi et al (2019), which looks at migration and the EU Charter of Fundamental Rights (2012) or by Karageorgiou (2018), which looks at specific concepts in refugee law, such as 'solidarity'. However, these studies do not look specifically at how values have a bearing on implementation at the 'street level' or how practitioners in the field conceptualise them.…”

Section: Frontline Bureaucrats and Migration Bureaucracymentioning

confidence: 99%

Under the hood of the European Union Agency for Asylum: A study of bureaucratic structures, institutional arrangements and frontline caseworkers

Ekstedt

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Those who study the Common European Asylum System are faced with a puzzling paradox. On the one hand, the system constitutes one of the most comprehensive and judicious protection regimes that the world has ever seen. On the other hand, there is a policy of deterrence in which asylum seekers are actively hindered from enjoying these rights. Living conditions for asylum seekers at the external borders have long been abhorrent, and many consider procedural safeguards in the asylum process inadequate. This study takes an in-depth look at what it is like to work at the forefront of this system by analysing the bureaucratic structures of the European Union Agency for Asylum. It is shown that the discrepancy between officially articulated values and actual practice has significant negative impact on the morale of caseworkers, and that they need to develop strategies to deal with the ethical dilemmas that arise from these discrepancies. The study also sheds light on the process through which the agency creates bureaucratic instruments, in spite of the considerable political turmoil that characterises the migration field. By interviewing caseworkers, analysing bureaucratic instruments, and reviewing the legislative framework, this thesis is both an empirical and theoretical contribution to the study of the Common European Asylum System and the European Union Agency for Asylum.

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Why the European Commission’s Pragmatic Approach to Asylum Is Not Enough: Re-imagining Solidarity as a New Form of Conducting Regional Politics

Karageorgiou

2023

Global Europe: Legal and Policy Issues of the EU’s External Action

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What is Wrong with Solidarity in EU Asylum and Migration Law?

Cited by 3 publications

References 8 publications

Solidarity and the Crisis of Values in the European Union

Solidarity and the Crisis of Values in the European Union

Under the hood of the European Union Agency for Asylum: A study of bureaucratic structures, institutional arrangements and frontline caseworkers

Why the European Commission’s Pragmatic Approach to Asylum Is Not Enough: Re-imagining Solidarity as a New Form of Conducting Regional Politics

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