Solidarietà, asilo e immigrazione fra diritto sovranazionale e dimensione costituzionale

Solidarity, asylum and migration between supranational law and constitutional dimension

Abstract

Solidarity is a principle with an ambivalent nature. In EU law, in the field of asylum, solidarity aims at governing relations between Member States and the Union. In migration law, solidarity is even absent. In the history of constitutionalism, on the other hand, the solidarity principle was placed at the foundation of particular 'social' functions of the State and has coloured the nexus between constitutional rights and duties. This contribution questions how to bring the different meanings of solidarity closer together, in particular by observing certain moments in the process of European integration in the field of asylum (the Syrian and Ukrainian crises) and immigration (here with specific reference to the dialogue between the Courts).