The effectiveness of the solidarity principle (article 80 TFEU) was influenced by the re-sistance of the sovereign member states of the so-called Visegrad group on the relocation of asylum seekers who came to the EU during the migration crisis. Nonetheless, the general functioning of EU asylum policy and solidarity between the Member States are affected by the structural deficiencies of the key elements of the architecture of the common European asylum system, such as the sharing of responsibilities, cooperation and financial support from the EU. In this context, the Court of Justice intervened in the discussion started by the sovereign member countries. It carefully clarified some aspects concerning the discretion of the state action on relocations and the scope of the principle of solidarity, as also demonstrated by the recent Commission judgment c. Poland, Hungary, and Slovakia. To illustrate the role of the principle of solidarity in EU asylum policy, the contribution will examine both the structural deficiencies of the key elements of the architecture of the common European asylum system and the recent jurisprudence of the Court of Justice on the matter.