Right of residence of the Union‘s citizens and access to social benefits in times of crisis: Towards a casuistic and ambiguous approach of the solidarity between Members States?
Keywords:
Right of residence, citizenship of the Union, equal treatment, social welfare, solidarity, real link, Directive 2004/38Abstract
The projection of the economic crisis on the right of residence of citizens of the Union has rekindled the debate on the application of the principle of equal treatment to the access to social benefits in the host Member State (or even in the State of origin) in the framework of the application and interpretation of Directive 2004/38. The analysis of the recent jurisprudence of the European Court of Justice in relation to the cases in which this debate focuses, especially the citizens of the Union not active economically, allows the identification of a number of trends, which might have restrictive effects. The key question is still determining the extent of social solidarity in the Union in view of the risks that raises the casuistic and to clarify the system.Downloads
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