The EU Solidarity- Based Emergency Constitution

Member States are increasingly vulnerable to transboundary crises because of their growing interdependence. When a crisis occurs, the assessment of a common response and the adoption of measures in favour of the affected Member State(s) is often a matter of preservation of the EU integration process.
Several provisions within the TEU and TFEU allow both the EU and its Member States to react quickly to exceptional and urgent situations on ad hoc basis. This is the case of article 47(2) TUE as well as of articles 78(3), 122 (1) and (2), 143 and 222 TFEU. At first sight, these provisions appear highly heterogenous. Upon closer examination, every provision seems designed to prevent or address a ‘crisis scenario’ through the adoption of mutual assistance actions. Overall, the paper highlights the role and the contribution of the principle of interstate solidarity for the management of ‘crisis scenario’ within the EU.