The Ethical Consequences of Criminalising Solidarity in the EU

Abstract

The aftermath of the European refugee crisis can be said to have sparked a crisis of solidarity. Despite abundant demonstrations of solidarity with refugees and asylum seekers, what many saw as an exercise of their duty to help was made illegal. The critical term that emerged to refer to this conjuncture was “criminalization of solidarity”. In order to include this term in the academic debate, this article starts by disclosing the embedded claims present in its rhetorical usage. The article then scrutinizes the design of the politics of criminalizing solidarity and its consequences. It argues that at least three aspects of the politics of criminalizing solidarity plausibly indicate the possibility that regulating the aid in question will produce and reinforce consequences for the EU that are not only unintended, but also damaging. This is because, first, what I refer to as the <i>blending aspect</i> might spread the perception of illegality among several types of immigrants; second, the <i>moral aspect</i> can discharge people from their duty to help foreigners by conditioning this duty to group membership and belonging; and third, the <i>polarizing aspect</i> might exacerbate the existing divide between citizens and immigrants currently causing conflicts and social fragmentation.