Law

Karl-Peter Sommermann

Some Reflections on the Concept of Solidarity and its Transformation into a Legal Principle

Section: Articles
Archiv des Völkerrechts (AVR)

Volume 52 () / Issue 1, pp. 10-24 (15)

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The process of European integration was guided, from the outset, by the insight that the Community could develop as a sustainable framework for peace and well-being of the European peoples only by creating a de facto solidarity. A look into the French traditions of social and political theory helps to understand the conceptual background of the European Union, in particular the transformation of the analytical sociological concept of solidarity into a normative, legal feature. The article further examines to which extent the solidarity principle is laid down in the primary law of the European Union, distinguishing aggregated solidarity (solidarity between the Member States) and social solidarity. In step with the development of integration and interdependence of the Member States, the correspondent duties of solidarity have to be made plausible to the Union citizens and, given the complexity of co-ordination of mutual assistance in a multi-level-system, be transformed into suitable legal obligations.
Authors/Editors

Karl-Peter Sommermann ist Professor für Öffentliches Recht, Staatslehre und Rechtsvergleichung an der Deutschen Hochschule für Verwaltungswissenschaften Speyer.