Solidarity in the Case Law of the European Court of Justice – Opportunities Missed?

Forthcoming in Krunke, Helle; Petersen, Hanne; Manners, Ian (eds) Transnational Solidarity. Concept, Challenges and Opportunities (Chapter 12). Cambridge University Press, 2020

27 Pages Posted: 23 Feb 2020

See all articles by Dagmar Schiek

Dagmar Schiek

University College Cork; Queen's University Belfast - School of Law, Centre of European and Transnational Studies; Queen's University Belfast; University of Bremen (- 10/1999); University of Leeds - up to 10/2014

Date Written: September 22, 2019

Abstract

Since the EU Treaties constitute solidarity as one of the EU’s fundamental values (Articles 2, 3 (2) TEU). In a Community of law, the validity of this value depends on its capacity as a legal principle. This chapter asks what, if anything, the case law of the Court of Justice (ECJ) contributes to the dis-cursive exegesis of solidarity as a principle of EU Constitutional Law. In order to answer this ques-tion, it offers an empirical analysis of the Court’s case law framing the notion of solidarity, providing a unique database evaluating all 122 cases elaborating on the concept. The analysis distinguishes three categorial types of solidarity (solidarity as charity, as mutual obligation and as risk mitigation) and three functional types of solidarity (embedding individual rights, embedding the Internal Mar-ket, rejecting limiting effects of national solidarity). The chapter identifies a number of missed op-portunities, and a high degree of in-consistency. A more assertive and consistent approach to soli-darity could, however, contribute to supporting a more inclusive constitutional discourse on Euro-pean integration than the mere reliance on liberal constitutional principles.

Keywords: European Court of Justice, Solidarity, New Legal Realism, Social Ideal, Discourse

Suggested Citation

Schiek, Dagmar G., Solidarity in the Case Law of the European Court of Justice – Opportunities Missed? (September 22, 2019). Forthcoming in Krunke, Helle; Petersen, Hanne; Manners, Ian (eds) Transnational Solidarity. Concept, Challenges and Opportunities (Chapter 12). Cambridge University Press, 2020, Available at SSRN: https://ssrn.com/abstract=3523787 or http://dx.doi.org/10.2139/ssrn.3523787

Dagmar G. Schiek (Contact Author)

University College Cork ( email )

School of Law
Aras na Laoi, College Road
Cork, County Cork
Ireland
00353 (0)21 490 3106 (Phone)

HOME PAGE: http://research.ucc.ie/profiles/B012/dagmar.schiek@ucc.ie

Queen's University Belfast - School of Law, Centre of European and Transnational Studies ( email )

School of Law
Queen's University Belfast
Belfast BT7 1NN, BT7 1NN
Northern Ireland

HOME PAGE: http://https://pure.qub.ac.uk/en/persons/dagmar-schiek

Queen's University Belfast ( email )

School of Law
Queen's University Belfast
Belfast BT7 1NN, BT7 1NN
Northern Ireland

HOME PAGE: http://https://pure.qub.ac.uk/en/persons/dagmar-schiek

University of Bremen (- 10/1999)

Bremen
Germany

University of Leeds - up to 10/2014 ( email )

Leeds, LS2 9JT
United Kingdom

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
42
Abstract Views
268
PlumX Metrics