Humanising Solidarity in European Refugee Law: The Promise of Mutual Recognition
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Volume
24
Pagination
721 - 739 (28)
Publisher
Publisher URL
DOI
10.1177/1023263X17742817
Journal
Maastricht Journal of European and Comparative Law
Issue
ISSN
1023-263X
Metadata
Show full item recordAbstract
The article will put forward a proposal for a paradigmatic change that aims to ‘humanize’ solidarity by moving away from a concept of state-centred solidarity to a concept of solidarity centred on the individual. It will demonstrate how the application of the principle of mutual recognition in the field of positive asylum decisions – accompanied by full equality and access to the labour market for refugees across the European Union – can play a key role in achieving this paradigmatic change. The relationship between solidarity and mutual recognition will be analysed in four steps: by exploring the parameters of the principle of solidarity as currently expressed in European refugee law; by examining the development of state-centred solidarity in secondary European refugee law as articulated by the Dublin system; by critically evaluating attempts to contain state-centred solidarity in the Dublin system via imposing fundamental rights limits to automatic mutual recognition; and by examining ways in which the recognition of positive asylum decisions throughout the European Union can act as a catalyst for a paradigmatic change leading to a model of solidarity that is centred on the refugee.
Authors
MITSILEGAS, VCollections
- Department of Law [849]