Migration and the Principle of Loyalty in the European Union

  Antonia Battaglia
  June 2018

Migration seems to represent the main test for the principle of loyalty, to which the European Members States have subscribed in adhering to the founding values proclaimed and enshrined in the founding EU Treaties.
The principles on which the European Union is established are represented by a set of common values, which Members States decided to incorporate into their national legislations: liberty, democracy, solidarity, respect for human rights and fundamental freedoms, and the rule of law, to which the Charter of Fundamental Rights added the dignity of the human being, equality and solidarity. For as much as they can be deemed as rhetorical, they nevertheless constitute the basis upon which the European Union rests. They are binding and they underpin the EU legal order and functioning by the instrument of the Treaties. [...]