Problematizing the Norms of Fairness Grounding the EU’s Relocation System of Shared Responsibility

Abstract

This paper problematizes the logic of the European Union (EU)’s provisional relocation system for internally re-distributing asylum seekers. It argues that the tenets embedded in the current relocation scheme disregard the idea of distributive equity and apply the principle of solidarity and the fair sharing of responsibility asymmetrically between Member States. Equally matched levels of shared responsibility are not synonymous with fair responsibility. Member States are not equal actors across the EU’s political, economic and social spheres. To achieve fairness, the distribution of inter-state responsibility must use unequal rather than equal scaling weights. This paper proposes the concept of differing egalitarianism to guide inter-state responsibility sharing efforts vis-à-vis the transfer of people in need of international protection within the EU.