EU citizenship and free movement: the exception for “social burdens”

Marv Barbullushi
Eriol Braimllari

Session

Law

Description

This paper shall answer the following research question, “What do the Dano, Alimanoviç and Garcia-Nieto cases of the European Court of Justice (ECJ) reveal regarding the right of European Union (EU) citizens to gain cross-border social assistance within the EU?” The purpose of this paper is to prove and describe the evolution in interpretation that the ECJ has given to this right regarding the EU Treaties, secondary law and legal principles such as solidarity and non-discrimination between EU citizens. This paper is politically relevant today due to the growing influence of Eurosceptic currents and growing divisions between EU member states, exacerbated by migration and requests for access to social assistance in member states with developed welfare systems. This paper also touches upon sensitive issues, such as the development of social rights in the EU and the adaptability of these rights to the concept of sovereignty of the EU member states. Dano (2014) seems to be a step back in the ECJ interpretation of equal treatment for EU citizens in relation to their right of free movement when accessing the welfare system of the host EU member state. The reasoning behind Dano is followed also in the subsequent cases of Alimanoviç (2015) and Garcia-Nieto (2016), where the host state is provided with a significant margin of discretion when providing social assistance and residence for EU migrants that are more likely to request financial assistance. Nonetheless, it still remais unclear how these judgments will assist in building solidarity in Europe. In addition, the cases seem to imply that EU citizenship is unlikely to prevent social exclusion of EU citizens and minorities, especially if they come from less prosperous member states.

Session Chair

Albulena Ukimeraj

Session Co-Chair

Behar Selimi

Proceedings Editor

Edmond Hajrizi

ISBN

978-9951-437-69-1

Location

Pristina, Kosovo

Start Date

27-10-2018 1:30 PM

End Date

27-10-2018 3:00 PM

DOI

10.33107/ubt-ic.2018.262

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Oct 27th, 1:30 PM Oct 27th, 3:00 PM

EU citizenship and free movement: the exception for “social burdens”

Pristina, Kosovo

This paper shall answer the following research question, “What do the Dano, Alimanoviç and Garcia-Nieto cases of the European Court of Justice (ECJ) reveal regarding the right of European Union (EU) citizens to gain cross-border social assistance within the EU?” The purpose of this paper is to prove and describe the evolution in interpretation that the ECJ has given to this right regarding the EU Treaties, secondary law and legal principles such as solidarity and non-discrimination between EU citizens. This paper is politically relevant today due to the growing influence of Eurosceptic currents and growing divisions between EU member states, exacerbated by migration and requests for access to social assistance in member states with developed welfare systems. This paper also touches upon sensitive issues, such as the development of social rights in the EU and the adaptability of these rights to the concept of sovereignty of the EU member states. Dano (2014) seems to be a step back in the ECJ interpretation of equal treatment for EU citizens in relation to their right of free movement when accessing the welfare system of the host EU member state. The reasoning behind Dano is followed also in the subsequent cases of Alimanoviç (2015) and Garcia-Nieto (2016), where the host state is provided with a significant margin of discretion when providing social assistance and residence for EU migrants that are more likely to request financial assistance. Nonetheless, it still remais unclear how these judgments will assist in building solidarity in Europe. In addition, the cases seem to imply that EU citizenship is unlikely to prevent social exclusion of EU citizens and minorities, especially if they come from less prosperous member states.