The principle of solidarity has been often referred to as the corner stone, the pillar of the integration process of the EU. Yet, a large doctrinal debate has emerged in terms of its legal content. The purpose of this contribution is to evaluate the legal nature of the principle of solidarity and to understand its application in the context of the enlargement process of the EU. In particular, after having analysed the recent jurisprudence of the ECJ with due reference to the OPAL case, which has allowed the Court to further elaborate on the notion of solidarity and its legal nature, the contribution will analyse the principle of solidarity in relation to the integration of the Western Balkans. It will evaluate whether legal obligations from the principle of solidarity can be envisaged for candidate countries and in particular for the Western Balkans, or whether, on the other hand, solidarity in this context should be regarded as a principle guiding the actions of the candidate countries rather than determining legal obligations.

The Principle Of Solidarity And Integration In The Eu: The Challenge Of Western Balkans

Sara DAL MONICO
2022

Abstract

The principle of solidarity has been often referred to as the corner stone, the pillar of the integration process of the EU. Yet, a large doctrinal debate has emerged in terms of its legal content. The purpose of this contribution is to evaluate the legal nature of the principle of solidarity and to understand its application in the context of the enlargement process of the EU. In particular, after having analysed the recent jurisprudence of the ECJ with due reference to the OPAL case, which has allowed the Court to further elaborate on the notion of solidarity and its legal nature, the contribution will analyse the principle of solidarity in relation to the integration of the Western Balkans. It will evaluate whether legal obligations from the principle of solidarity can be envisaged for candidate countries and in particular for the Western Balkans, or whether, on the other hand, solidarity in this context should be regarded as a principle guiding the actions of the candidate countries rather than determining legal obligations.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10278/5005449
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