Establishing a link between solidarity and responsibility – the court
Kirst, NielsORCID: 0000-0002-8687-749X and Monciunskaite, BeatriceORCID: 0000-0002-0617-4218
(2022)
Establishing a link between solidarity and responsibility – the court.
Irish Journal of European Law, 24
.
pp. 203-214.
ISSN 0791-5403
The principle of solidarity is a fundamental principle in the European Union’s legal order. It is based on the idea that Member States share both the advantages of EU membership, but also the burdens equally and justly among the Member States. The Advocate General (AG) Campos Sánchez-Bordona’s Opinion in C-156/21 (the Hungarian Opinion) and in C-157/21 (the Polish Opinion) added a new link between solidarity and responsibility. According to the AG’s Opinion, the new Regulation 2020/2029 (the Conditionality Regulation) establishes a link between solidarity and responsibility. His view was affirmed by the Court of Justice on the 16th of February, when the Court dismissed both Poland and Hungary’s legal arguments against the Conditionality Regulation. This case-note analyses the two seminal judgements of the Court of Justice, delivered on the 16 February 2022, in C-156/21 (the Hungarian case) and in C-157/21 (the Polish case).