Failing on the social dimension
Judicial law-making and student mobility in the EU
Bibliographic Data
| ID | 6289178 |
|---|---|
| Authors | Angelika Schenk (0000-0002-8926-8112, University of Bremen), Susanne K Schmidt (0000-0001-7931-9935, University of Bremen, corresponding author) |
| Year | 2018 |
| Volume | 25 |
| Issue | 10 |
| Pages | 1522-1540 |
| Publication date | 2018-10-03 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Journal of European Public Policy (JOURNAL) |
| Journal identifiers | ISSN: 1350-1763 • E-ISSN: 1466-4429 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/13501763.2018.1488884 |
| OpenAlex | W2808988472 |
| Language | EN |
| Citations received | 9 |
| References cited | 27 |
National welfare states and free movement rights are in tension in the European Union (EU). Yet, despite potential free-riding dynamics, fully developed welfare states appear remarkably resilient. Two explanations can account for this in the literature: institutional heterogeneity of welfare states leads to differential impact of free movement, and contained compliance with EU legal obligations means that non-discrimination provisions exist mainly on paper. By example of higher education and student financial maintenance, we show that under adverse conditions, free movement rights need exceptions to not undermine national welfare. Moreover, the incapacity of the European Court of Justice to provide clear and stringent guidelines in regards to EU students' access to student benefits, confronts potential beneficiaries with significant legal uncertainty. This introduces new inequalities among EU students. Our analysis shows the limits of judge-made law in furthering social justice
Dimension (graph theory · Law and economics · Political science · Sociology · European and International Law Studies · European Law and Migration · European Union Policy and Governance · Law
Jezikovne kompetence v angleščini pri študentih, univerzitetnih profesorjih in podpornem osebju
The EU’s legal identities and the Court of Justice of the EU
Free movement and the challenge of emigration
A Qualified Defence of the Primacy of Nationality Over European Union Citizenship
Responding to free movement
Balancing the rights and duties of European and national citizens
The role of politicisation in the implementation of EU free movement and cross-border welfare rights
Free movement and equal treatment in an unequal union
No welfare magnets – free movement and cross-border welfare in Germany and Denmark compared
Justice Contained
The Judicial Construction of Europe
The European Court and Civil Society
An Ever More Powerful Court?
European Social Policy
Boundaries of political community in Europe, the US, and Canada
Free movement, the welfare state, and the European Union's over‐constitutionalization
Free Movement in the European Union
The asymmetry of European integration, or why the EU cannot be a 'social market economy
Notes Toward a Theory of Multilevel Governing in Europe
ECJ Judges read the morning papers. Explaining the turnaround of European citizenship jurisprudence
The judiciary as legislator? How the European Court of Justice shapes policy-making in the European Union
The Position of Higher Education Institutions in a Changing European Context
The three worlds of welfare capitalism
Has the Court changed, or have the cases? The deservingness of litigants as an element in Court of Justice citizenship adjudication
No welfare magnets – free movement and cross-border welfare in Germany and Denmark compared
Polanyi in Brussels
The fiscal impact of EU immigration on the tax-financed welfare state
| Unique citing works | 9 |
|---|---|
| Citations per year | 1,13 |
| Citation span | 2018 - 2026 (9) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 9 |