Establishing a Link between Solidarity and Responsibility – the Court's Judgement on the Conditionality Regulation

Kirst, Niels and Monciunskaite, Beatrice (2022), 'Establishing a Link between Solidarity and Responsibility – The Court’s Judgment on the Conditionality Regulation', Irish Journal of European Law, Vol. 24.

12 Pages Posted: 4 Oct 2023

See all articles by Niels Kirst

Niels Kirst

Dublin City University; Cardozo School of Law

Beatrice Monciunskaite

Dublin City University, School of Law and Government

Date Written: 2022

Abstract

The principle of solidarity is a fundamental principle in the European Union’s legal order. It is based on the idea that Member States share both the advantages of EU membership, but also the burdens equally and justly among the Member States. The Advocate General (AG) Campos Sánchez-Bordona’s Opinion in C-156/21 (the Hungarian Opinion) and in C-157/21 (the Polish Opinion) added a new link between solidarity and responsibility. According to the AG’s Opinion, the new Regulation 2020/2029 (the Conditionality Regulation) establishes a link between solidarity and responsibility. His view was affirmed by the Court of Justice on the 16th of February, when the Court dismissed both Poland and Hungary’s legal arguments against the Conditionality Regulation. This case-note analyses the two seminal judgements of the Court of Justice, delivered on the 16 February 2022, in C-156/21 (the Hungarian case) and in C-157/21 (the Polish case).

Keywords: Rule of Law, EU law, Conditionality, Rule of Law Crisis, Hungary, Poland, Constitutionalism, Solidarity

Suggested Citation

Kirst, Niels and Monciunskaite, Beatrice, Establishing a Link between Solidarity and Responsibility – the Court's Judgement on the Conditionality Regulation ( 2022). Kirst, Niels and Monciunskaite, Beatrice (2022), 'Establishing a Link between Solidarity and Responsibility – The Court’s Judgment on the Conditionality Regulation', Irish Journal of European Law, Vol. 24., Available at SSRN: https://ssrn.com/abstract=4530121

Niels Kirst (Contact Author)

Dublin City University ( email )

Ireland

Cardozo School of Law ( email )

55 Fifth Ave.
New York, NY 10003
United States

Beatrice Monciunskaite

Dublin City University, School of Law and Government ( email )

Ireland

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
138
Abstract Views
183
Rank
371,630
PlumX Metrics