EU Solidarity, Illustrated by the Covid-19 Crisis: What does EU solidarity mean in the context of free movement of goods and persons and how is this illustrated by the response to the Covid-19 pandemic?

Solidarity between the Member States of the EU is mostly called upon during times of crisis, as also now during the Covid-19 pandemic. In this article, the definition and importance of solidarity is studied with a focus on the internal market. It appears that solidarity does not have one unequivocal...

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Autor principal:	Anne Joppe
Formato:	article
Lenguaje:	EN
Publicado:	Utrecht University School of Law 2021
Materias:	solidarity internal market covid-19 eu principles article 2 teu Law in general. Comparative and uniform law. Jurisprudence K1-7720
Acceso en línea:	https://doaj.org/article/1cc7a1b6383b4a0ea1e439e61fc73007
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spelling	oai:doaj.org-article:1cc7a1b6383b4a0ea1e439e61fc730072021-11-08T08:17:05ZEU Solidarity, Illustrated by the Covid-19 Crisis: What does EU solidarity mean in the context of free movement of goods and persons and how is this illustrated by the response to the Covid-19 pandemic?1871-515X10.36633/ulr.683https://doaj.org/article/1cc7a1b6383b4a0ea1e439e61fc730072021-10-01T00:00:00Zhttps://www.utrechtlawreview.org/articles/683https://doaj.org/toc/1871-515XSolidarity between the Member States of the EU is mostly called upon during times of crisis, as also now during the Covid-19 pandemic. In this article, the definition and importance of solidarity is studied with a focus on the internal market. It appears that solidarity does not have one unequivocal meaning, but that its importance and value depend per EU policy area. Yet, it is noteworthy that elements of reciprocity and altruism lie at the core of the value. In the context of the internal market, the principle is not referred to in the specific Treaty provisions on the fundamental freedoms. However, solidarity and the idea behind it can be enforced through the principle of loyalty within the meaning of Article 4(3) TEU. The reaction of the Union and the Member States to the Covid-19 outbreak illustrates how solidarity is reflected during crises. Studying the recent actions seems to confirm the conclusion that solidarity within the single market is rather a political aspiration, that is not legally binding or enforceable by itself. However, one could argue that this requires change, since it follows from the current pandemic that solidarity is crucial for the resilience of the internal market in times of crisis. The principle of loyalty can indeed play an instrumental role here and can be used to enforce the objectives of solidarity.Anne JoppeUtrecht University School of Lawarticlesolidarityinternal marketcovid-19eu principlesarticle 2 teuLaw in general. Comparative and uniform law. JurisprudenceK1-7720ENUtrecht Law Review, Vol 17, Iss 3 (2021)
institution	DOAJ
collection	DOAJ
language	EN
topic	solidarity internal market covid-19 eu principles article 2 teu Law in general. Comparative and uniform law. Jurisprudence K1-7720
spellingShingle	solidarity internal market covid-19 eu principles article 2 teu Law in general. Comparative and uniform law. Jurisprudence K1-7720 Anne Joppe EU Solidarity, Illustrated by the Covid-19 Crisis: What does EU solidarity mean in the context of free movement of goods and persons and how is this illustrated by the response to the Covid-19 pandemic?
description	Solidarity between the Member States of the EU is mostly called upon during times of crisis, as also now during the Covid-19 pandemic. In this article, the definition and importance of solidarity is studied with a focus on the internal market. It appears that solidarity does not have one unequivocal meaning, but that its importance and value depend per EU policy area. Yet, it is noteworthy that elements of reciprocity and altruism lie at the core of the value. In the context of the internal market, the principle is not referred to in the specific Treaty provisions on the fundamental freedoms. However, solidarity and the idea behind it can be enforced through the principle of loyalty within the meaning of Article 4(3) TEU. The reaction of the Union and the Member States to the Covid-19 outbreak illustrates how solidarity is reflected during crises. Studying the recent actions seems to confirm the conclusion that solidarity within the single market is rather a political aspiration, that is not legally binding or enforceable by itself. However, one could argue that this requires change, since it follows from the current pandemic that solidarity is crucial for the resilience of the internal market in times of crisis. The principle of loyalty can indeed play an instrumental role here and can be used to enforce the objectives of solidarity.
format	article
author	Anne Joppe
author_facet	Anne Joppe
author_sort	Anne Joppe
title	EU Solidarity, Illustrated by the Covid-19 Crisis: What does EU solidarity mean in the context of free movement of goods and persons and how is this illustrated by the response to the Covid-19 pandemic?
title_short	EU Solidarity, Illustrated by the Covid-19 Crisis: What does EU solidarity mean in the context of free movement of goods and persons and how is this illustrated by the response to the Covid-19 pandemic?
title_full	EU Solidarity, Illustrated by the Covid-19 Crisis: What does EU solidarity mean in the context of free movement of goods and persons and how is this illustrated by the response to the Covid-19 pandemic?
title_fullStr	EU Solidarity, Illustrated by the Covid-19 Crisis: What does EU solidarity mean in the context of free movement of goods and persons and how is this illustrated by the response to the Covid-19 pandemic?
title_full_unstemmed	EU Solidarity, Illustrated by the Covid-19 Crisis: What does EU solidarity mean in the context of free movement of goods and persons and how is this illustrated by the response to the Covid-19 pandemic?
title_sort	eu solidarity, illustrated by the covid-19 crisis: what does eu solidarity mean in the context of free movement of goods and persons and how is this illustrated by the response to the covid-19 pandemic?
publisher	Utrecht University School of Law
publishDate	2021
url	https://doaj.org/article/1cc7a1b6383b4a0ea1e439e61fc73007
work_keys_str_mv	AT annejoppe eusolidarityillustratedbythecovid19crisiswhatdoeseusolidaritymeaninthecontextoffreemovementofgoodsandpersonsandhowisthisillustratedbytheresponsetothecovid19pandemic
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EU Solidarity, Illustrated by the Covid-19 Crisis: What does EU solidarity mean in the context of free movement of goods and persons and how is this illustrated by the response to the Covid-19 pandemic?

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