Il “nuovo” Patto europeo sulla migrazione e l’asilo: recenti sviluppi in materia di solidarietà ed integrazione

Abstract

Starting from the evolution of the principles of solidarity and integration, both in the broader EU legal order and specifically in the framework of the European Area of Freedom, Security and Justice in relation to migration and asylum policy, this article analyses the most innovative aspects and critical issues of the New European Pact on Migration and Asylum. It examines the extent to which this policy, as recently reformed, differs from the past, proposing some reflections on the real strategic value of the new Pact. In particular, the article points out that, in the absence of specific obligations for Member States and of a “strong” supervisory power conferred to the Court of Justice, the Pact – in continuity with the past – risks turning into a mere declaration of intent, in which compulsory solidarity operates exclusively in emergency situations. Bearing in mind that a degree of differentiation has always been a feature in the process of European integration, it is argued that an appropriate solution to the constant resistance of some Member States could be to reinforce and to place greater emphasis on a flexible and "de facto" solidarity.