Il “nuovo” Patto europeo sulla migrazione e l’asilo: recenti sviluppi in materia di solidarietà ed integrazione

Starting from the evolution of the principles of solidarity and integration,
both in the broader EU legal order and specifically in the framework of the European
Area of Freedom, Security and Justice in relation to migration and asylum policy, this
article analyses the most innovative aspects and critical issues of the New European
Pact on Migration and Asylum. It examines the extent to which this policy, as recently
reformed, differs from the past, proposing some reflections on the real strategic value
of the new Pact. In particular, the article points out that, in the absence of specific
obligations for Member States and of a “strong” supervisory power conferred to the
Court of Justice, the Pact – in continuity with the past – risks turning into a mere
declaration of intent, in which compulsory solidarity operates exclusively in
emergency situations. Bearing in mind that a degree of differentiation has always
been a feature in the process of European integration, it is argued that an appropriate
solution to the constant resistance of some Member States could be to reinforce and
to place greater emphasis on a flexible and "de facto" solidarity.