CYIL 2012

Harald Christian Scheu CYIL 3 ȍ2012Ȏ other words, Protocol No 30 has only interpretive significance. In the instant case, Protocol No 30, therefore, did not affect the assessment of the obligations of Great Britain under the Charter of Fundamental Rights. 7. Perspectives of the Dublin System – the end of mutual trust between EU Member States? EU law to a large degree builds on the principle of mutual confidence between Member States. Article 4, paragraph 3 of the Treaty on the EU includes the principle of loyal and sincere cooperation, under which the Union and Member States respect each other and help each other in meeting the challenges arising from EU law. As far as the interpretation of this principle is concerned there is no dispute as to whether Member States must also provide loyal cooperation with each other. 36 T he importance of loyalty and mutual trust between Member States is emphasized in the context of cooperation in criminal matters. If a Member State is expected to give up part of its sovereign powers in sensitive areas of national policy, this will happen only if other Member States respect their commitments. The common asylum and migration policy of the EU cannot function effectively without these assumptions. In this context Article 80 of the Treaty on the Functioning of the EU should be recalled, which provides that any policy in the fields of border controls, asylum and immigration shall be governed by the principle of solidarity and fair sharing of responsibility between Member States, including financial implications. A study which was requested by the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs contains an analysis of Article 80 of the Treaty on the Functioning of the EU 37 and notes that a central issue in solidarity is trust, which presupposes loyalty. The authors further considered: “ Solidarity is required, because removing internal frontiers means having to trust neighbours – to trust those with external frontiers to manage them well, and to trust those without extensive entry points to the Union to assist appropriately in ensuring the management. Trust that all fellow Member States will adhere to regulations and directives, so that any need for solidarity in asylum, in particular, is based on exogenous factors. A minimal condition for trust is loyalty by Member States in the implementation of the EU policies”. The Stockholm Programme, which was adopted by the European Council in December 2009, ranks mutual trust even in the first place among the key tools in building a common space of freedom, security and justice. 38 36 Syllová, J.Článek 4 SEU. In: Syllová, J., Pítrová, L., Paldusová, H. a kol. Lisabonská smlouva. Komentář , Praha, 2010, 18-23, 22. 37 Vanheule, D., van Selm, J., Boswell, C. The implementation of Article 80 TFEU on the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States in the field of border checks, asylum and immigration , Brussels: European Parliament, 2011. 38 The Stockholm Program – An open and secure Europe serving and protection citizens (2010/C/01), Article 1.2.1: “Mutual trust between authorities and services in the different Member States and decision-makers is the basis for efficient cooperation in this area. Ensuring trust and finding new ways

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