11 - The Principle of Solidarity in EU Law (The Case of the CEAS)

Question 1

What are 2 questions linked to the principle of solidarity?

Answer 1

1/ is it a legal pcple?

2/ is it a GPEUL?

Question 2

How can we rename this lecture and why? (4)

Answer 2

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

Question 3

When did solidarity first appear in the EU? (3)

Answer 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

Question 4

In which preambles was solidarity mentioned? (4)

Answer 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’

Question 5

How to define solidarity in the EU? Is it a legal concept? (3)

Answer 5

1/ substantive content

2/ addressees

3/ scope (preamble of the CFR)

Question 6

What falls within the substantive content of solidarity? (5)

Answer 6

1/ money

2/ collective goods

3/ production

4/ security

5/ energy

Question 7

Who can be addressees of solidarity at EU level? (4)

Answer 7

1/ MS

2/ citizens

3/ intra-State

4/ transnational

Question 8

How does the preamble of the CFR relate to the scope of solidarity? (2)

Answer 8

1/ solidarity as ‘indivisible, universal value’

2/ imposes respect for national identities of MS and organisation of their public authorities at all levels

Question 9

What is an essential question and unresolved dilemma with respect to solidarity?

Answer 9

How to preserve national solidarity and deepen+strengthen solidarity between and across citizens and MS?

Question 10

In which Treaty provisions is solidarity mentioned? (3)

Answer 10

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

Question 11

What can be said about the argument of solidarity as a legal pcple? (3)

Answer 11

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)

Question 12

Findings of GC in T-883/16 (2019)? (4)

Answer 12

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

Question 13

Findings of CJEU in C-848/19P (2021)? (4)

Answer 13

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

Question 14

Is solidarity in the EU variable according to context? (3)

Answer 14

1/ different rights and obligations

2/ constitutional implications

3/ what are the drivers of solidarity?

Question 15

What are some of the potential drivers of solidarity? (5)

Answer 15

1/ agricultural policy

2/ cohesion policy

3/ free movement - equal treatment

4/ energy, security and civil protection (TFEU)

5/ asylum policy

Question 16

What were the 3 pcples of the agricultural policy set up in 1962?

Answer 16

1/ market unity

2/ community preference

3/ financial solidarity

Question 17

What does market unity entail?

Answer 17

Common market organisations that guarantee price

Question 18

What does community preference entail? (3)

Answer 18

1/ variable levies at external borders

2/ export subsidies

3/ to cover difference in cost btwn EU and world market prices

Question 19

What does financial solidarity entail?

Answer 19

Payment of the CAP out of the European Agricultural Guidance and Guarantee Fund

Question 20

What are some drivers for reform of the CAP? (5)

Answer 20

1/ overproduction

2/ CAP too expensive

3/ criticism from 3rd countries

4/ environmental concerns

5/ BSE crisis

Question 21

Why has PAC not been reformed substantially since 1962? (3)

Answer 21

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

Question 22

What are examples of attempts to review the CAP? (3)

Answer 22

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

Question 23

Considerations surrounding financial solidarity in the CAP? (5)

Answer 23

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

Question 24

How are CAP and green transition interrelated? (3)

Answer 24

1/ budget 2021-2027

2/ spend less money on CAP

3/ MS have to set up strategic plans to implement and monitor

Question 25

Relevant cases regarding access to the welfare State based on EU citizenship? (4)

Answer 25

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

Question 26

Arguments often advanced in favor of the preservation of national solidarity? (3)

Answer 26

1/ welfare magnet

2/ integration into society

3/ opening welfare risks under-provision (cf Bressol, Petru)

Question 27

What is asylum part of?

Answer 27

AFSJ (esp. Arts. 77-80)

Question 28

What is the flagship instrument for asylum and what is based on? (2)

Answer 28

1/ Dublin Regulation

2/ mutual recognition MS’ asylum systems

Question 29

What does Dublin Regulation not amount to? (3)

Answer 29

1/ no harmonisation

2/ coordination

3/ allocation of protection seekers to responsible State for processing application

Question 30

What is the umbrella term for aslyum seekers?

Answer 30

International protection seekers

Question 31

Which legal instruments regulate international protection seekers? (2)

Answer 31

1/ Geneva Convention and refugee status

2/ EU Qualification Directive and subsidiary protection status

Question 32

Geneva Convention criteria for refugee status? (3)

Answer 32

1/ persecuted

2/ individually

3/ for race, nationality, political convictions, social group

Question 33

Qualification Directive criteria for subsidiary protection?

Answer 33

Risk for serious harm

Question 34

What does the CEAS not cover?

Answer 34

EU citizens

Question 35

Hierarchy of grounds for identifying the responsible MS under Dublin Regulation? (3)

Answer 35

1/ MS where family relations live

2/ MS that gave prior authorisation

3/ MS of first entry

Question 36

Which instrument must all EU acts be interpreted in accordance with?

Answer 36

CFR