Applying Solidarity as a Procedural Obligation in EU Citizenship Law
Abstract
Building on recent EU case law, which underlines that a commitment to solidarity in the European context produces concrete legal obligations, this paper highlights that solidarity has procedural as well as normative and substantive dimensions. It then explores the potential of procedural solidarity in the context of Union citizenship and, more specifically, the free movement of Union citizens. The overall objective is to consider if the conception of solidarity as a procedural obligation under EU law can provide fresh ways to think about persisting challenges around freedom of movement. Procedural solidarity emphasises the fair sharing of responsibility, including financial responsibility, when implementing EU objectives and the taking of decisions collectively, respecting the general requirements of EU law. Fundamentally, while adherence to procedural solidarity might not produce significantly different outcomes in contested areas of EU citizenship law, it would strengthen the decision-making processes that deliver those outcomes, cultivating, in turn, better accountability for the choices made by both EU and national institutions.
Keywords: solidarity, Union citizenship, free movement, procedural solidarity.
DOI: https://doi.org/10.3935/cyelp.19.2023.523
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This work is licensed under the Creative Commons Attribution − Non-Commercial − No Derivatives 4.0 International License.
Suggested citation: N Nic Shuibhne, ‘Applying Solidarity as a Procedural Obligation in EU Citizenship Law’ (2023) 19 CYELP 1.
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Copyright (c) 2023 Niamh Nic Shuibhne
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