Disaster Management in EU Law: Solidarity among Individuals and among States

To ensure the protection of persons, environment and property, public authorities conduct ‘disaster management’ activities (also known as ‘civil protection’), such as search and rescue, firefighting, health aid and financial relief. Disaster management arguably constitutes an essential public service, which contributes to the pursuit of vital public interests (eg public health) and the fulfilment of essential individual needs and interests, notably human rights. Disaster management is indeed classified as a public service in certain States. Disaster management may also be seen as a ‘meta public service’, which enables the provision of other essential public services. To ensure the protection of persons, environment and property, public authorities conduct ‘disaster management’ activities (also known as ‘civil protection’), such as search and rescue, firefighting, health aid and financial relief. Disaster management arguably constitutes an essential public service, which contributes to the pursuit of vital public interests (eg public health) and the fulfilment of essential individual needs and interests, notably human rights. Disaster management is indeed classified as a public service in certain States. Disaster management may also be seen as a ‘meta public service’, which enables the provision of other essential public services. The performance of civil protection activities may encounter some obstacles. Economic rules may prevent the State from efficiently organising civil protection services, and especially the services that are outsourced to for-profit or non-profit private entities (eg ambulance transport). The concern for the free market may thus potentially trump the one for solidarity in disaster management. The intervention of the European Union may contemporarily complicate these problems, and contribute to solve them. This topic has drawn limited attention so far. It is well established that solidarity is one of the values underpinning the model of European society and a concept central to EU law and, especially, to services of general interest. Yet, it is not clear to what extent this concept affects EU law in general, and disaster management in particular. This Chapter contributes to fill this gap, by assessing whether European Union law gives a positive or a negative contribution to solidarity in disaster situations, and whether it supports the protection of the victims of calamities