Solidarity and the protection of migrants under European Union law

Abstract

The management of migration flows in the European Union (EU) faces significant challenges due to the substantial increase in migrants and refugees. The lack of cohesion and modernization in the common migration policy weakens the protection of their rights. In this context, solidarity plays a vital role in addressing legal demands, particularly in EU Law, where it serves as a fundamental principle. This study aims to analyze the legal concept of solidarity within EU Law, with a specific focus on the protection of migrant rights. Adopting a theoretical approach, the research utilizes documental and bibliographical analysis. The study is divided into two parts. The first part examines solidarity in the context of international law and EU law, considering its challenges and significance in state-to-state relations. The second part explores solidarity as a fundamental principle for safeguarding the rights of migrants in the EU. It investigates the role and operationalization of solidarity within specific legal frameworks. The findings reveal that the unique social, political, and economic circumstances of each state or group of states present significant obstacles to the effective implementation of solidarity and the protection of migrant rights. The future of common migration policies in the EU remains uncertain. Therefore, it is crucial to harmonize regulatory instruments, enhance migration management, and address the socio-political and economic challenges to ensure adequate protection for migrant rights. This study emphasizes the need for a more cohesive and comprehensive approach to managing migration flows within the EU, aiming to guarantee the fundamental rights of migrants and refugees. Overcoming existing obstacles and promoting the effective implementation of solidarity are essential in improving migration policies and strengthening mechanisms for the protection of human rights.