Seeking Subsidiarity To Achieve Solidarity: A Review of Some Key Measures in the New Pact on Migration and Asylum

The aim of our presentation is to analyse the New Pact on Migration and Asylum through the lens of the principle of subsidiarity, which requires, according to the case law of the Court of Justice and also in the inter-interinstitutional practices developed on better law-making, a comparative federalism exercise proving the added value of the measure. More precisely, we explore the connections between subsidiarity and solidarity in the context of EU asylum law, starting from the perspective that integration in the context of migration and asylum has developed from an intergovernmental cooperation logic and as a spill over of the freedom of movement. The argument is built upon the analysis of the added value of the proposals on screening and border procedures, and on the solidarity contributions respectively envisaged in the Asylum and Migration Management and in the Crisis and Force Majeure proposals.