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This book explores the extent to which European Community law confers upon individuals the right to gain access to public services in other Member States. Are European citizens and third country nationals who have moved to other Member States entitled to claim minimum subsistence benefits,to receive medical care or to be admitted to education? Does Community law provide for a freedom of movement for patients, students and persons in need of social welfare benefits? If so, to what extent does Community law have regard for the Member States' fears for, and concerns about, welfare tourism? Besides addressing numerous detailed questions on the precise degree to which Community law allows for cross-border access to public services, the author analyses how Community law, and the Court of Justice in particular, have sought to reconcile the Community's objectives of realising freedom of movement and ensuring equality of treatment with the need to develop and maintain adequate social services within the Community. In addition, the book contains a detailed analysis of United States constitutional law on cross-border access to public services, exploring the question whether the European Community can possibly learn from the American experience.
This open access book raises crucial questions about the citizenship of the European Union. Is it a new citizenship beyond the nation-state although it is derived from Member State nationality? Who should get it? What rights and duties does it entail? Should EU citizens living in other Member States be able to vote there in national elections? If there are tensions between free movement and social rights, which should take priority? And should the European Court of Justice determine what European citizenship is about or the legislative institutions of the EU or national parliaments? This book collects a wide range of answers to these questions from legal scholars, political scientists, and political practitioners. It is structured as a series of three conversations in which authors respond to each other. This exchange of arguments provides unique depth to the debate.
Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.
The European Union's (EU) fundamental principles on free movement of persons and non-discrimination have long challenged the traditional closure of the welfare state. Although EU-wide free movement and national welfare appeared largely unproblematic before Eastern enlargement, the increased differences among EU member states in economic development and welfare provision have resulted in fears about potential welfare migration. Because rights of EU citizens were shaped to an important extent by jurisprudence of the European Court of Justice, these are often not very clearly delineated, and easily politicised. This comprehensive volume shows the normative limits of a strict non-discriminatory approach to EU citizens' access to national welfare and analyses how the Court developed its jurisprudence, partly reacting to politicisation. Although, empirically, free movement negatively impacts national welfare only under extreme conditions, it is notable that member states have adjusted their social policies in reaction to EU jurisprudence and migration pressure alike. Their heterogeneous institutions of national welfare, administration and labour markets imply for member states that they face very different opportunities and challenges in view of intra-EU migration. This book was originally published as a special issue of the Journal of European Public Policy.
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.
Dit boek beschrijft de toename van migratie uit Oost-europese landen in de periode van 2004-2007, na toetreding tot de EU. Het bevat nieuwe empirische 'casestudies' van migratiepatronen, zowel gebaseerd op veldwerk als op de analyse van bestaande statistieken.
EU citizenship and Free Movement Rights examines how EU citizenship reconstructs in unexpected ways what citizenship as a status means and stands for in relation to family reunification, social rights, expulsion and discusses the effects of Brexit for EU citizens.
The assumption that Member States of the European Union enjoyed exclusive competence over social provision has been shaken by the realisation that they are now “semi-sovereign welfare states” whose policy choices are subject to increasing scrutiny under Community law. This book seeks to take stock of how Community membership is reshaping the legal environment of welfare provision across Europe. Topics covered include: the evolving economic and governance debates about Community intervention in social rights; the relationship between public services and Community competition and state aids law; the crucial developments which have taken place in the sphere of health care; and recent judgments on free movement and equal treatment for Union citizens as regards national education and social assistance policies. Social Welfare and EU Law provides a valuable collection of essays overall exploring the emergence of new models of social solidarity within the European Union.
This first open access book in a series of three volumes provides an in-depth analysis of social protection policies that EU Member States make accessible to resident nationals, non-resident nationals and non-national residents. In doing so, it discusses different scenarios in which the interplay between nationality and residence could lead to inequalities of access to welfare. Each chapter maps the eligibility conditions for accessing social benefits, by paying particular attention to the social entitlements that migrants can claim in host countries and/or export from home countries. The book also identifies and compares recent trends of access to welfare entitlements across five policy areas: health care, unemployment, family benefits, pensions, and guaranteed minimum resources. As such this book is a valuable read to researchers, policy makers, government employees and NGO’s.
Over the past three decades the effects of globalization and denationalization have created a division between 'winners' and 'losers' in Western Europe. This study examines the transformation of party political systems in six countries (Austria, France, Germany, the Netherlands, Switzerland and the UK) using opinion surveys, as well as newly collected data on election campaigns. The authors argue that, as a result of structural transformations and the strategic repositioning of political parties, Europe has observed the emergence of a tripolar configuration of political power, comprising the left, the moderate right, and the new populist right. They suggest that, through an emphasis on cultural issues such as mass immigration and resistance to European integration, the traditional focus of political debate - the economy - has been downplayed or reinterpreted in terms of this new political cleavage. This new analysis of Western European politics will interest all students of European politics and political sociology.