Solidarity and Trust in the Common European Asylum System

Abstract

The article examines the evolution of concepts of solidarity and trust in the Common European Asylum System by analysing the legislative and judicial development of the Dublin system of intra-EU transfers of asylum seekers. The article argues that concepts of solidarity and trust which focus exclusively on the needs and interests of EU Member States are inadequate to address the requirement for the EU to respect fully human rights, in particular after the entry into force of the Lisbon Treaty. The article puts forward a concept of solidarity based on the individual which would ensure the full respect of the rights of asylum seekers.