The present paper focuses on the application of the principle of solidarity and fair sharing of responsibility within EU immigration law and on the extent to which it is fulfilled by the present Common and European Asylum System (CEAS). By analysing in particular the Dublin Regulation and the EU decisions on relocation, the paper is aimed at showing how Art. 80 TFEU has so far been implemented only by means of emergency interventions and that a true redefinition of the Dublin system will only take place when solidarity will be brought up to a proper EU funding value. In this regard, in its judgment of 6 September 2017 on the validity of the 2015/1601 decision, the Court of Justice of the European Union might have missed a significant opportunity, which is not very likely to occur again in the near future.
Obblighi di solidarietà ed effettività della tutela dei migranti: quale spazio per un ripensamento del sistema Dublino?
fratea
2019-01-01
Abstract
The present paper focuses on the application of the principle of solidarity and fair sharing of responsibility within EU immigration law and on the extent to which it is fulfilled by the present Common and European Asylum System (CEAS). By analysing in particular the Dublin Regulation and the EU decisions on relocation, the paper is aimed at showing how Art. 80 TFEU has so far been implemented only by means of emergency interventions and that a true redefinition of the Dublin system will only take place when solidarity will be brought up to a proper EU funding value. In this regard, in its judgment of 6 September 2017 on the validity of the 2015/1601 decision, the Court of Justice of the European Union might have missed a significant opportunity, which is not very likely to occur again in the near future.
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