Maastricht Journal of European and Comparative Law
Volume 24, Issue 5, 2017, Pages 721-739
Humanizing solidarity in European refugee law: The promise of mutual recognition (Article)
Mitsilegas V.*
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a
European Criminal Law, Head of the Department of Law and Dean for Research (Humanities and Social Sciences), Queen Mary University of London, London, United Kingdom
Abstract
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. © The Author(s) 2017.
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Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-85053932299&doi=10.1177%2f1023263X17742817&partnerID=40&md5=084ed6f1b811269edd2f3ce604aeb543
DOI: 10.1177/1023263X17742817
ISSN: 1023263X
Cited by: 3
Original Language: English