Deepening Supranational Integration: Interstate Solidarity in EU Migration Law

19 Pages Posted: 14 May 2015 Last revised: 19 Oct 2016

Jürgen Bast

University of Giessen

Date Written: May 5, 2015

Abstract

The present paper discusses the concept of solidarity in the Dublin System for determining the State responsible for examining an application for asylum in the EU. This case is especially critical because the Dublin System has given rise to sharp conflicts pertaining to interstate solidarity. It is only at first glance paradoxical that the non-hierarchical, cooperative idea of mutual solidarity is being called upon just at the moment that EU Member States have integrated themselves even further into the hierarchical framework of a quasi-federal structure with the Treaty of Lisbon. Solidarity in EU law aims to compensate an unequal distribution of costs and benefits caused by measures taken on the path to furthering supranational integration. The increasing demand for interstate solidarity is a natural corollary of the process of transitioning to a federation or, as Habermas put it, the anticipation of new political forms of integration.

Keywords: European Union, solidarity, migration law, migration policy, asylum, Dublin system

JEL Classification: K19, K33

Suggested Citation

Bast, Jürgen, Deepening Supranational Integration: Interstate Solidarity in EU Migration Law (May 5, 2015). European Public Law 22 (2016), 289-304. Available at SSRN: https://ssrn.com/abstract=2603002

Jürgen Bast (Contact Author)

University of Giessen ( email )

Licher Str. 64
Giessen, D-35394
Germany
+49 641 99 21061 (Phone)

HOME PAGE: http://www.uni-giessen.de/fbz/fb01/professuren/bast

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