The Maastricht Journal of European and Comparative Law has recently published a new article by Dr Evangelia (Lilian) Tsourdi. Titled ‘Solidarity at work? The prevalence of emergency-driven solidarity in the administrative governance of the Common European Asylum System’, this article explores Article 80 of the Treaty on the Functioning of the European Union (TFEU), establishing the principle of ‘solidarity and fair-sharing of responsibility’. It critically assesses the interplay between the principle of solidarity and fair-sharing and the administrative set-up of the EU asylum policy.
Tsourdi’s analysis reveals it to be a principle that is structural to the EU asylum policy, dictates a certain ‘quality’ in the co-operation of the different actors, and affects the goal of the policy. However, despite the rhetoric surrounding the solidarity principle, rather than being structurally embedded in the system’s administration modes, Tsourdi finds that it remains emergency-driven. In this sense, the implementation design fails both to attain ‘fair sharing’, as well as to respond to what are essentially structural, rather than exceptional needs.
The article is available to subscribers here >>
This article is part of a special issue on 'Searching for solidarity in the EU asylum and border policies: Constitutional and operational dimensions', guest edited by Daniel Thym and Evangelia (Lilian) Tsourdi.