Solidarity and Protection of Individuals in E.U. Law

This collective book is the result of one of the activities organized by the Jean Monnet Centre of Excellence on Regional Integration of the University of Alcalá in close collaboration with the University of Pisa. On June 18 and 19, 2015, a seminar was held at the University of Pisa, entitled “European Integration and Neighborhood Relations in the Mediterranean”, in which professors and researchers from different European universities as well as members of civil society reflected upon some of the main challenges of the European integration process. Many of the contributions made in that seminar are included here, addressed from an eminently practical standpoint, organized in three basic thematic areas: the solidarity mechanisms put in place among EU Member States; the response of the EU and its Member States to the grave migration and refugee crisis; and the reinforcement of EU external action. The first thematic section of this collective book (Parts I and II) addresses some legal mechanisms that may trigger activation of the principle of solidarity among the EU Member States. Part I examines how the founding treaties propitiate solidarity in cases of natural or man-made disaster (Russo) and/or terrorist attacks on a Member State (Del Chicca). Within this thematic section, Part II examines the coordination and cooperation measures established by the EU to reinforce consular assistance to European citizens (Crespo Navarro). This Part also studies the problems faced for application of the principle of solidarity in the exercise of rights arising from the European citizenship status, particularly those regarding the recognition of social welfare benefits (Pasquali) and health care (Bertolini and Milazzo). The second thematic section (Part III) examines the potential responses that the EU and its Member States can provide to the migration and refugee crisis, via application of the legal instruments foreseen in primary and secondary law. The contribution offers general reflections on the migration challenge now faced by the EU (Jiménez Piernas) and examines how the European Border Control and Asylum policy is being applied (Jones). In this sense, the relationship between development and migrations is a fundamental element for the correct implementation of EU external action. For this reason, controls of migratory flows cannot be reactive, but must be based on a proactive approach, taken and deployed, among other means, via consistent cooperation and development policy (Martines). The third thematic area (Parts IV and V) considers the various facets of European Union external action in which the principle of solidarity can play a relevant role, and how this principle is seen in Latin America. First is an examination of the three areas of the EU external action, that, when correctly and harmoniously implemented, serve to reinforce application of the principle of solidarity. These are: security and defense, foreign investment protection, and cooperation for development. Further development of the European security and defense policy, while a recognized need in a context plagued by global threats, should seek inspiration in the basic principles of European integration (Morviducci). The establishment of a EU policy that protects the rights of foreign investors, while striking an acceptable balance between foreign investor protection and the regulatory laws of the host State, is another essential element for reinforcing the institutional structure of the EU with neighboring States (Pascual-Vives). The final part of this section provides insight on how EU cooperation for development has traditionally been linked to the democratic principles of respect for human rights and the rule of law (Martines). The last contribution further examines cases where the principle of solidarity has been successfully incorporated in the various sub-systems of cooperation and integration established in Latin America (Ferreira and Nascimento).