Struggles over social rights
Restricting access to social assistance for EU citizens
Bibliographic Data
| ID | 12627447 |
|---|---|
| Authors | Sandra Mantu (0000-0001-7681-4586, Centre for Migration Law, Radboud University, The Netherlands, corresponding author), P E Minderhoud (Radboud University Nijmegen), Paul Minderhoud (Centre for Migration Law, Radboud University, The Netherlands) |
| Year | 2023 |
| Volume | 25 |
| Issue | 1 |
| Pages | 3-19 |
| Publication date | 2023-03-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | European Journal of Social Security (JOURNAL) |
| Journal identifiers | ISSN: 1388-2627 • E-ISSN: 2399-2948 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1177/13882627231167653 |
| OpenAlex | W4366291417 |
| Language | EN |
| Citations received | 8 |
| References cited | 33 |
The legal category under which EU citizens exercise their right to free movement – worker, jobseeker, student or economically inactive - determines access to social rights in the host state and leads to differential inclusion in the welfare state. The right to equal treatment in relation to welfare entitlements has been subject to constant litigation before the European Court of Justice, leading to the refinement of the conditions under which migrant EU citizens can access welfare and the implications of such requests for their right to reside in an EU state. Moreover, while the conditions of access to an EU host state's welfare system are set at the EU level, the delivery of welfare takes place at the national and local levels, making national administrations and bureaucrats important actors in the governance of welfare. The aim of this article is to tease out the relationship between different levels of jurisdiction in the governance of access to the welfare state. We rely on data from 11 Member States in which we monitored the application of the relevant EU legislation and case law during the time frame 2016–2020. The main trends we discern are a growing interdependence between immigration and welfare authorities and a move towards the systematic control of all EU applicants for social assistance in several states. We argue that these developments are facilitated by the turn in the CJEU's jurisprudence that limits entitlement to welfare for economically inactive EU citizens and emphasises conditionality and legal residence as the main axes determining access to the welfare state
Business · Conditionality · Economics · Entitlement (fair division · European union · Human rights · International trade · Jurisdiction · Law and economics · Political science · Social rights · Social Welfare · Welfare · Welfare rights · Welfare state · European Criminal Justice and Data Protection · European Law and Migration · European Union Policy and Governance · Law · Public Administration
Introduction to special issue
Beyond market vs. social citizenship
Infrastructuring migrant urban citizenship
Service Difficulties, Internal Resolution Mechanisms, and the Needs of Social Services in Hungary—The Baseline of a Development Problem Map
Suspicion and surveillance
Citizenship
Social solidarity and deservingness
Social security coordination and circular migration within the EU
The Europeanization of Public Policy
Null
With Luxembourg in mind … the remaking of national policies in the face of ECJ jurisprudence
Regulating the Poor through Internal Borders
Beyond Compliance
Thirty years of welfare chauvinism research
National courts as regulatory agencies and the application of EU law
Eu Legislation and National Regulation
The politics of judicial discretion
National Responses to European Court Jurisprudence
Member State Responses to Europeanization
National courts and preliminary references
Cross‐National Solidarity and Political Sustainability in the EU after the Crisis
Evaluating Union citizenship
Procedural (in)justice for EU citizens moving to Belgium
Creating Undocumented EU Migrants through Welfare
| Citations per year | 4 |
|---|---|
| Citation span | 2024 - 2025 (2) |
| Highly cited | No |