Humanizing solidarity in European refugee law: The promise of mutual recognition

Valsamis Mitsilegas ^[1]
1. [1] Queen Mary University of London
  
  Queen Mary University of London
  
  Reino Unido
Localización: Maastricht journal of European and comparative law, ISSN 1023-263X, Vol. 24, Nº. 5, 2017 (Ejemplar dedicado a: Searching for solidarity in the EU asylum and border policies: Constitutional and operational dimensions), págs. 721-739
Idioma: inglés
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Resumen
- The article will put forward a proposal for a paradigmatic change that aims to ‘humanize’ solidarity by moving away from a concept of state-centred solidarity to a concept of solidarity centred on the individual. It will demonstrate how the application of the principle of mutual recognition in the field of positive asylum decisions – accompanied by full equality and access to the labour market for refugees across the European Union – can play a key role in achieving this paradigmatic change. The relationship between solidarity and mutual recognition will be analysed in four steps: by exploring the parameters of the principle of solidarity as currently expressed in European refugee law; by examining the development of state-centred solidarity in secondary European refugee law as articulated by the Dublin system; by critically evaluating attempts to contain state-centred solidarity in the Dublin system via imposing fundamental rights limits to automatic mutual recognition; and by examining ways in which the recognition of positive asylum decisions throughout the European Union can act as a catalyst for a paradigmatic change leading to a model of solidarity that is centred on the refugee.