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 chap-ter asks what, if anything, the case law of the Court of Justice (ECJ) contributes to the discursive exe-gesis of solidarity as a principle of EU Constitutional Law. In order to answer this question, 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 Market, rejecting limiting effects of national solidarity). The chapter identifies a number of missed opportunities, and a high degree of in-consistency. A more assertive and consistent approach to solidarity could, however, contribute to sup-porting a more inclusive constitutional discourse on European integration than the mere reliance on liberal constitutional principles.
Original language | English |
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Title of host publication | Transnational Solidarity. Concept, Challenges and Opportunities. |
Editors | Helle Krunke, Hanne Petersen, Ian Manners |
Publisher | Cambridge University Press |
Publication status | Accepted - 21 May 2019 |
Event | Courts, Power and Public Law : 4th ICON S Conference of the International Society of Public Law - University of Copenhagen, Copenhagen, Denmark Duration: 05 Jul 2017 → 08 Jul 2017 Conference number: 4th https://www.icon-society.org/previous-conferences/2017-conference/ |
Conference
Conference | Courts, Power and Public Law |
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Abbreviated title | ICON S |
Country | Denmark |
City | Copenhagen |
Period | 05/07/2017 → 08/07/2017 |
Internet address |
Keywords
- Solidarity
- New Legal Realism
- European Court of Justice
- European Union Law
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Profiles
-
Dagmar Schiek
- School of Law - Honorary Title
- The Senator George J Mitchell Institute for Global Peace, Security and Justice
Person: Honorary, Academic