Uniformity, Responsibility and Solidarity in the Common European Asylum System (CEAS): A ‘Constitutional’ Solution

As statistics clearly show, the Common European Asylum System (ceas) did not give the results expected in terms of uniformity. The different weight that each Member State bears in facing the so called (and still ongoing) migration crisis has also opened the doors to a certain scepticism toward the whole process of ‘Europeanization’ of migration policies. The reciprocal mistrust among EU institutions and Member States has become so powerful that they normally prefer to abdicate from their own responsibilities: it is the known migration outsourcing, a sort of blank cheque given into the hands of third countries with the sole and clear goal of blocking (no matter how) migration influxes. This chapter discusses a few possible solutions to this apparently inescapable triangulation of lack of trust, responsibility and uniformity: a ‘constitutional’ solution (i.e. a revision of EU primary law), which is most likely not so easy to reach from the political point of view; and a second best solution, whose feasibility is much more evident as it basically implies the strengthening of multispeed Europe in migration matters.