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

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.