Abstract

LAGES, Rita. The principle of solidarity and fair sharing of responsibilities between the Member States on EU common asylum policy: Commentary to the judgment of the Court of Justice (Grand Chamber) of 6 September 2017, Slovak Republic and Hungary v Council of the European Union. e-Pública [online]. 2018, vol.5, n.1, pp.276-301. ISSN 2183-184X.

This article focuses on the analysis of the judgment of the Court of Justice (Grand Chamber) of 6 September 2017, Slovak Republic and Hungary v Council of the European Union, and from this reflect on the importance which the Court attaches to the principle of solidarity and fairness in sharing of responsibilities, as enshrined in Article 80 TFEU, when it is mobilized in the context of the judicial decision, and at the same time discuss general considerations about the nature and content  of the aforementioned principle. Thus, the article is divided into two parts. The first part examines the judgment in the light of the events of the summer of 2015, since the contested decision was an immediate action forseed in the European Agenda on Migration and adopted under Article 78 (3) TFEU, which provides for an emergency response mechanism in order to respond to the refugee crisis which peaked in that year. The second part focuses on the study of the principle of solidarity and the sharing of responsibilities which, since its introduction by the Treaty of Lisbon, has had a slight appearance in a few cases brought before the Court of Justice, which will be also discussed here.

Keywords : Principle Of Solidarity; Fair Sharing Of Responsabilities; Article 80 TFEU; International Protection; Migration And Refugee Crisis.

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