The Three Dimensions of Solidarity in the EU Legal Order: Limits of the Judicial and Legal Approach

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Series Details Vol.35, No.4, June 2013, p459-475
Publication Date June 2013
ISSN 0703-6337
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Solidarity is an important idea behind European integration. The Lisbon Treaty advanced the understanding of the concept by establishing three dimensions: solidarity between member states, member states and individuals, and between generations. However, the knowledge about solidarity is incomplete and its conceptualization in the EU legal order needs to be further developed. This article aims at deepening the knowledge about solidarity in the EU by eliciting its rationales and scope of application. It will be concluded that solidarity is developed to different extent in different fields of law. It is most advanced in socio-economic law, but underdeveloped in areas of law that are new to the EU legal order: solidarity in the event of environmental disasters and solidarity with future generations. Reasons for the different depths of solidarity will be elicited, as well as possible means to overcome inhibitors to transnational solidarity.

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