47 research outputs found
The Constitutional Uncertainty of EU Law. Review Article of <em>The Past and Future of EU Law: The Classics of EU Law Revisited on the 50th Anniversary of the Rome Treaty </em>by Miguel Poiares Maduro and Loïc Azoulai (eds)
Case C–76/05 <em>Schwarz and Gootjes–Schwarz v. Finanzamt Bergisch Gladbach</em>, Judgment of the Grand Chamber of 11 September 2007, not yet reported; Case C–318/05,<em> Commission v.Germany</em>, Judgment of the Grand Chamber of 11 September 2007, not yet reported; Joined Cases C–11/06 & C–12/06<em> Morgan v. Bezirksregierung Köln</em>; <em>Bucher v. Landrat des Kreises Düren </em>Judgment of the Grand Chamber of 23 October 2007, not yet reported
Applying solidarity as a procedural obligation in EU Citizenship Law
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