ΑΛΛΗΛΕΓΓΥΗ ΣΤΗΝ ΕΕ: ΕΞΕΛΙΞΕΙΣ ΣΤΟ ΠΕΔΙΟ ΤΗΣ ΠΡΟΣΦΥΓΙΚΗΣ ΠΡΟΣΤΑΣΙΑΣ ΚΑΙ ΠΡΟΚΛΗΣΕΙΣ ΣΤΗΝ ΕΕ ΚΑΙ ΣΤΗΝ ΕΛΛΑΔΑ
50 EU Solidarity in managing migration flows through ECHO in Greece 3/2016-3/2019 remained at stake: a) The duty of member states to cooperate where they enjoy sovereign exclusive competencies (border controls, granting of asylum, security from terrorist attacks) and therefore on the specific quotas on the internal relocation mechanism, and b) The duty of search and rescue of migrants at sea through EU operations (such as the EU NAV for Med (Sophia), or Poseidon 14 . Strong reactions resulted in 2015 in more than seven European Summits and twelve Council of Ministers on a number of issues such as the formulation of an initial number that should be relocated (Council Conclusions 2015/15231, 14.9.2015), the strengthening of FRONTEX, (Summit 15/16.10.2015), the creation of hot spots in Greece and Italy with the support of EASO (22/9/2015) et al. Three years later, in June 2019 most of the practical aspects of solidarity in the field of asylum and migration remain unsettled 15 , few member states have entered the quotas system, instead the European Common Asylum and Migration Policy seems to turn more and more fragmented with bilateral agreements on Dublin returns, first and third safe country interpretations that fail to adhere to the human rights obligations of member states 16 . In such a highly political context, the quest for solidarity acquired a new momen- tum. Indeed, the principle of solidarity in the EU, has acquired different mean- ings, roles in different fields of EU law, ranging from constitutional institutional to more substantive functions 17 . The meaning of solidarity in the field of asylum and migration is an interesting exercise. Indeed, the wording of Article 80 TFEU sug- gests that solidarity is a proactive means of making the Treaty effective, whereas the Lisbon Treaty in Article 4(3) TEU introduces a more “open ended duty” through two modifications (in comparison to former article 10 EC Treaty): the idea of ‘mu- tual respect’; and the duty of cooperation which applies to tasks that ‘flow from 14. See decisions made in June 2019 on the relevant EU strategic Agenda 2019-2024, unfortunately largely failing on the adoption of a robust response, On the future of the EU, see 21-22 June European Council and the EuroSummit. The Agenda included the EU’s next long-term budget, how to reach our ambitious climate targets, how to deepen Economic and Monetary Union, foreign policy issues, enlargement policy, as well as Brexit preparedness measures, accesed at https://ec.europa.eu/commission/ publications/european-council-and-euro-summit_en 15. According to the Consilium, «a consensus needs to be found on the Dublin Regulation to reform it based on a balance of responsibility and solidarity, taking into account the persons disembarked following Search and Rescue operations». 16. See European Strategic Agenda 2019-2024, adopted in the European Council in 20 June 2019, accessed at https://www.consilium.europa.eu/en/eu-strategic- agenda-2019-2024/ 17. On solidarity in the EU, see M. Ross , ‘Solidarity – A New Constitutional Paradigm for the EU’ in Ross & Borgmann-Prebil (eds), Promoting Solidarity in the European Union (OUP, 2010), p. 41. On solidarity as a general principle in international law ,see L. Wilde, Global Solidarity, Edinburgh University Press, Edinburgh, 2013, pp. 18–67. pp. 80–81.
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