11 - The Principle of Solidarity in EU Law (The Case of the CEAS) Flashcards
What are 2 questions linked to the principle of solidarity?
1/ is it a legal pcple?
2/ is it a GPEUL?
How can we rename this lecture and why? (4)
1/ in search of a legal pcple
2/ the making of a legal pcple
3/ no one agrees on what solidarity means
4/ no definitive answers yet
When did solidarity first appear in the EU? (3)
1/ see Schuman declaration (1950)
2/ mentions ‘de facto solidarity’
3/ bears the question of whether solidarity can be seen as one of the central values underpinning European integration
In which preambles was solidarity mentioned? (4)
1/ ECSC (1951) - ‘real solidarity’
2/ EEC (1957) - ‘solidarity which binds Europe and overseas countries’
3/ TEU (1992) - ‘solidarity between their peoples’
4/ Lisbon Treaty (2007) - ‘society’, ‘between generations’, ‘among MS’, ‘with the wider world’
How to define solidarity in the EU? Is it a legal concept? (3)
1/ substantive content
2/ addressees
3/ scope (preamble of the CFR)
What falls within the substantive content of solidarity? (5)
1/ money
2/ collective goods
3/ production
4/ security
5/ energy
Who can be addressees of solidarity at EU level? (4)
1/ MS
2/ citizens
3/ intra-State
4/ transnational
How does the preamble of the CFR relate to the scope of solidarity? (2)
1/ solidarity as ‘indivisible, universal value’
2/ imposes respect for national identities of MS and organisation of their public authorities at all levels
What is an essential question and unresolved dilemma with respect to solidarity?
How to preserve national solidarity and deepen+strengthen solidarity between and across citizens and MS?
In which Treaty provisions is solidarity mentioned? (3)
1/ TEU ‘common provisions’ - Arts. 2 and 3(3)(5)
2/ TEU, Title V on EU external action and CFSP - Arts. 21, 24(2)(3), 31 and 32
3/ TFEU, immigration energy, disasters - Arts. 67, 80, 122, 194, 222
What can be said about the argument of solidarity as a legal pcple? (3)
1/ we can speak about the dvpt of a legal pcple of solidarity
2/ CJEU has started referring to it in its case law
3/ see esp. GC (2019), CJEU (2021)
Findings of GC in T-883/16 (2019)? (4)
1/ ‘general pcple of solidarity’
2/ ‘at the basis of the whole Union system’
3/ ‘entails rights and obligations both for the EU and for the MS’
4/ however, GC does not expressly state that solidarity = legal pcple
Findings of CJEU in C-848/19P (2021)? (4)
1/ pcple of energy solidarity (Art. 194(1) TFEU) can ‘produce binding legal effects on the MS and institutions of the EU’
2/ pcple of energy solidarity forms ‘basis of all of the objectives of the EU’s energy policy’
3/ acts adopted by EU institutions must thus be ‘interpreted, and their legality assessed, in the light of the pcple of energy solidarity’
4/ this seems to imply that solidarity = legal pcple
Is solidarity in the EU variable according to context? (3)
1/ different rights and obligations
2/ constitutional implications
3/ what are the drivers of solidarity?
What are some of the potential drivers of solidarity? (5)
1/ agricultural policy
2/ cohesion policy
3/ free movement - equal treatment
4/ energy, security and civil protection (TFEU)
5/ asylum policy
What were the 3 pcples of the agricultural policy set up in 1962?
1/ market unity
2/ community preference
3/ financial solidarity
What does market unity entail?
Common market organisations that guarantee price
What does community preference entail? (3)
1/ variable levies at external borders
2/ export subsidies
3/ to cover difference in cost btwn EU and world market prices
What does financial solidarity entail?
Payment of the CAP out of the European Agricultural Guidance and Guarantee Fund
What are some drivers for reform of the CAP? (5)
1/ overproduction
2/ CAP too expensive
3/ criticism from 3rd countries
4/ environmental concerns
5/ BSE crisis
Why has PAC not been reformed substantially since 1962? (3)
1/ farmers seen as ‘backbone of society’
2/ CAP is redistributive => ministers of Agriculture want to bring home as much as they can from the budget
3/ agricultural sector is largest and most influential lobby in Brussels
What are examples of attempts to review the CAP? (3)
1/ 1992 McSharry Commission reform (direct payments and co-responsibility of MS)
2/ 2002 WTO Doha Dvpt Round (rural dvpts as basis for direct ‘single farm payment’)
3/ 2013 reform responding to public demands for a fairer and greener CAP => Regulation 1308/2013
Considerations surrounding financial solidarity in the CAP? (5)
1/ does it encourage spending?
2/ direct payments create a split btwn farmers
3/ new MS & gradual inclusion
4/ financial responsibility of MS does not take into account their relative wealth
5/ equal participation => equal sacrifices to uphold the system => strong do not necessarily assist the weak
How are CAP and green transition interrelated? (3)
1/ budget 2021-2027
2/ spend less money on CAP
3/ MS have to set up strategic plans to implement and monitor
Relevant cases regarding access to the welfare State based on EU citizenship? (4)
1/ Grzelczyk (1999): fundamental status of EU citizenship + certain degree of financial solidarity btwn EU citizens
2/ Brey (2012): criteria to assess whether ind. constitutes an unreasonable burden
3/ Dano (2013): conditional solidarity? EU citizens must not become unreasonable burden
4/ Alimanovic (2014): strict limits on solidarity? ‘No such individual assessment is necessary’ in the present case
Arguments often advanced in favor of the preservation of national solidarity? (3)
1/ welfare magnet
2/ integration into society
3/ opening welfare risks under-provision (cf Bressol, Petru)
What is asylum part of?
AFSJ (esp. Arts. 77-80)
What is the flagship instrument for asylum and what is based on? (2)
1/ Dublin Regulation
2/ mutual recognition MS’ asylum systems
What does Dublin Regulation not amount to? (3)
1/ no harmonisation
2/ coordination
3/ allocation of protection seekers to responsible State for processing application
What is the umbrella term for aslyum seekers?
International protection seekers
Which legal instruments regulate international protection seekers? (2)
1/ Geneva Convention and refugee status
2/ EU Qualification Directive and subsidiary protection status
Geneva Convention criteria for refugee status? (3)
1/ persecuted
2/ individually
3/ for race, nationality, political convictions, social group
Qualification Directive criteria for subsidiary protection?
Risk for serious harm
What does the CEAS not cover?
EU citizens
Hierarchy of grounds for identifying the responsible MS under Dublin Regulation? (3)
1/ MS where family relations live
2/ MS that gave prior authorisation
3/ MS of first entry
Which instrument must all EU acts be interpreted in accordance with?
CFR
