EU Citizenship and Social Rights


EU Citizenship and Social Rights

Entitlements and Impediments to Accessing Welfare

9781788112703 Edward Elgar Publishing
Edited by Frans Pennings, Professor of Labour Law and Social Security Law, Utrecht University, the Netherlands and Martin Seeleib-Kaiser, Professor of Comparative Public Policy, Institute of Political Science, Eberhard Karls University of Tübingen, Germany
Publication Date: 2018 ISBN: 978 1 78811 270 3 Extent: 288 pp
In the 1990s, the Maastricht Treaty introduced the right to free movement for EU citizens. In practice, however, there are substantial barriers to making use of this right, particularly to integration and to accessing the social and welfare rights available. This is particularly true when it comes to accessing social rights, such as social assistance, housing benefit, study grants and health care. This book provides a detailed description and thorough analysis of these barriers, in both law and practice.

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The Maastricht Treaty of 1992 introduced the right to free movement for EU citizens. Despite this, in practice there are still substantial barriers to securing these freedoms. EU Citizenship and Social Rights discusses and analyses those legal and practical barriers preventing inter-European migrants from integrating into new host countries.

Providing analysis of the development of EU social policy, this book highlights the disparate roles of the EU as a whole and of Member States in determining social rights and outcomes. In particular the issues of social assistance, housing benefits, study grants and health care are examined. In addition, the authors discuss the discrepancy between the social rights granted to workers and social rights granted to non-worker migrants, as well as the barriers facing minority groups like the Roma, which highlight issues in the development of EU social policy for migrants.

This book will be a vital resource for students of European law as well as public and social policy. EU policy makers will also benefit from reading this, with its practical and theoretical suggestions for ways in which social policies may be amended to the benefit of EU citizens.
Contributors: N. Absenger, F. Blank, P. Brown, C. Bruzelius, H. Dean, K. Hyltén-Cavallius, C. Jacqueson, P. Martin, F. Pennings, P. Phoa, L. Scullion, M. Seeleib-Kaiser, S. Stendahl, O. Swedrup, A.M. Świątkowski, M. Wujczyk


Series Preface


1. Intra-EU Migration and Social Rights: An Introduction
Martin Seeleib-Kaiser and Frans Pennings

PART I Applicable supranational legal standards
2. The European Social Charter as a Basis for Defining Social Rights for EU Citizens
Andrzej Marian Świątkowski and Marcin Wujczyk

3. EU social citizenship: Between individual rights and national concerns
Catherine Jacqueson

PART II Freedom of Movement, EU Citizenship and Social Rights: Comparative Perspectives
4. (Dis)united in diversity? Social policy and social rights in the EU
Cecilia Bruzelius, Catherine Jacqueson and Martin Seeleib-Kaiser

5 Legal Barriers to Access of EU Citizens to Social Rights
Frans Pennings

6. Social Human Rights as a Legal Strategy to Enhance EU Citizenship
Sara Stendahl and Otto Swedrup

PART III EU Citizenship and Social Rights: Various Dimensions
7. The Need of Residence Registration for Enjoyment of EU Citizenship in Sweden
Katarina Hyltén-Cavallius

8. Social rights, labour market policies and the freedom of movement: contradictions within the European project?
Nadine Absenger and Florian Blank

9. Roma Persons and EU Citizenship
Philip Martin, Lisa Scullion and Philip Brown

10. EU Citizens’ Access to Social Benefits: Reality or Fiction? Outlining a Law and Literature Approach to EU citizenship
Pauline Phoa

11. The Construction of Social Rights
Hartley Dean

PART IV Conclusion
12. Conclusion
Martin Seeleib-Kaiser and Frans Pennings

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