The principle of solidarity between voluntary commitment and legal constraint: Comments on the judgment of the court of justice of the european union in joined cases c-643/15 and c-647/15

Result code in IS VaVaI

<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F61989592%3A15220%2F18%3A73593047" target="_blank" >RIV/61989592:15220/18:73593047 - isvavai.cz</a>

Result on the web

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DOI - Digital Object Identifier

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Result language

angličtina

Original language name

The principle of solidarity between voluntary commitment and legal constraint: Comments on the judgment of the court of justice of the european union in joined cases c-643/15 and c-647/15

Original language description

The paper offers an analysis of the key decision of the CJEU in joined cases C-643/15 and C-647/15 Slovak Republic and Hungary v Council of the EU decided in September 2017. CJEU ruled on the action for annulment brought by those Member States against Council Decision (EU) 2015/1601 of 22 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and Greece. The adoption of contested decision has resulted in many political debates and has been the subject of political struggle between the Member States. By its decision, the Court strengthened the supranational elements of EU migration policy, minimized the role of the European Council, and in its arguments confirmed the establishment of the principle of solidarity not only as a political but also as a legal principle accompanying European integration. The last question mentioned gets a special focus in this paper. The authors also point to interesting formal and procedural issues that have been resolved in this case for a very first time and shall have a horizontal impact, especially on law making processes. © 2018, Czech Society of International Law. All rights reserved.

Czech name

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Czech description

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Type

J_SC - Article in a specialist periodical, which is included in the SCOPUS database

CEP classification

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OECD FORD branch

50501 - Law

Project

<a href="/en/project/GA17-24822S" target="_blank" >GA17-24822S: Status of third country nationals in European Union law</a><br>

Continuities

P - Projekt vyzkumu a vyvoje financovany z verejnych zdroju (s odkazem do CEP)

Publication year

2018

Confidentiality

S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Name of the periodical

Czech Yearbook of Public and Private International Law

ISSN

1805-0565

e-ISSN

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Volume of the periodical

9

Issue of the periodical within the volume

1

Country of publishing house

CZ - CZECH REPUBLIC

Number of pages

19

Pages from-to

155-173

UT code for WoS article

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EID of the result in the Scopus database

2-s2.0-85060827262