Unleashing Horizontal State Liability - Financial Solidarity in the Common European Asylum System

Abstract

The Common European Asylum System (CEAS) is under attack. In a recent Judgment against Hungary, the European Court of Justice has unambiguously stated that non-compliance with the rules of the CEAS undermines solidarity between Member States and strikes at the very heart of EU law. Traditional means of enforcement, however, seem insufficient to foster compliance with these rules. Against this backdrop, this blogpost argues for the unexplored avenue for enforcing the CEAS via horizontal state liability.

Keywords

• CEAS
• CJEU
• EU
• EU
• Francovich
• Horizontal state liability