Sovereignty-based Arguments and the European Asylum System: Searching for a European Constitutional Moment?

The article articulates a twofold claim: a) sovereignty-based argument finds a fertile ground in EU’s weaknesses in terms of asylum strategy and b) sovereignty arguments in asylum issues can (and must) be confronted with the legal instruments afforded by the existing framework of EU law. To develop the argument, this article is divided into two parts. The first part addresses sovereignism in asylum law and policies, by exploring sovereignist claims and their translation into domestic legislation and policies, with specific reference to the Italian context. It then analyses the recent changes in asylum strategy, within the EU, to test to what extent arguments based on sovereignty stand as a bulwark against full cooperation among EU member states. In the second part, the article examines the legal instruments that EU institution can use and develop to implement solidarity and reduce the margin for the use of sovereignty-based arguments in asylum policies.