Solidary in the legal order of the European Union

This study explores the nature, place and role of solidarity in the legal order of the European Union. It argues that solidarity is at the same time a structural principle that imposes on both EU institutions and Member States a permanent «stand by» obligation, and a mechanism allowing them to respond to crises and emergencies and to materialise an exceptional «be there» obligation.

The dual role of solidarity is examined in the context of several areas, which are sensitive for both the Union and the Member States: Common Foreign and Security Policy, Asylum and Migration Policy, Cohesion Policy, Energy Policy, Economic Policy. Last but not least, Next Generation EU, elaborated to address the effects of the Covid-19 pandemic, is presented as introducing a new type of solidarity mechanism.

This study is intended to serve as a useful tool for students, researchers and legal practitioners who wish to familiarise themselves with the permanent institutional mechanisms of the European Union, as well as with the exceptional solutions given to emergency situations.