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Trigger the solidarity clause

SearchRescue@Frontex
A surveillance plane as part of the Frontex operation (credit: Frontex)

(BRUSSELS2 at the European Summit) If the countries on the Mediterranean coast (Malta, Italy, etc.) or the Black Sea (Bulgaria) do not obtain satisfaction at the European summit on greater concrete solidarity in the fight against immigration, they can always trigger the solidarity clause.

Provided for in Article 222 of the Treaty, this provision has never been used, at least since the entry into force of the Lisbon Treaty (*). The application texts have not yet been approved and are still under discussion. The provision is however applicable, even outside of these. And no one prevents a Member State from invoking it, as a diplomat explained to B2.

An obligation to act

The article of the Treaty provides that: The Union and its Member States act together in a spirit of solidarity if a Member State is the object of a terrorist attack or the victim of a natural or man-made disaster. The Union mobilizes all the instruments at its disposal, including the military means made available to it by the Member States. (...) The other Member States assist it at the request of its political authorities. To this end, Member States shall coordinate within the Council. »

We can of course discuss whether the notion of shipwreck at sea is a "disaster ... of human origin". If these multiply, as the trend shows on the spot, one could consider that this condition is met. The application of the solidarity clause is then automatic. And it would require the triggering of automatic measures, and not a simple political solidarity as the Heads of State and Government have just expressed at the summit. She sets the bar higher.

(*) This provision was in some way applied in anticipation of the terrorist attacks in Madrid in March 2004.

Nicolas Gros Verheyde

Chief editor of the B2 site. Graduated in European law from the University of Paris I Pantheon Sorbonne and listener to the 65th session of the IHEDN (Institut des Hautes Etudes de la Défense Nationale. Journalist since 1989, founded B2 - Bruxelles2 in 2008. EU/NATO correspondent in Brussels for Sud-Ouest (previously West-France and France-Soir).

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