Chapter

A Certain Degree of Solidarity? Free Movement of Persons and Access to Social Protection in the Case Law of the European Court of Justice

Stefano Giubboni

in Promoting Solidarity in the European Union

Published in print June 2010 | ISBN: 9780199583188
Published online September 2010 | e-ISBN: 9780191594502 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199583188.003.0009
A Certain Degree of Solidarity? Free Movement of Persons and Access to Social Protection in the Case Law of the European Court of Justice

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The European Court of Justice has recognized the citizenship of the Union as a fundamental status of nationals of the Member States, enabling those who find themselves in the same situation to enjoy the same treatment in law irrespective of their nationality. The status of citizen of the Union requires, as reaffirmed by the Court in Grzelczyk, ‘a certain degree of financial solidarity between nationals of a host Member State and nationals of other Member States, particularly if the difficulties which a beneficiary of the right of residence encounters are temporary’. This chapter reconstructs critically the tortuous course that the Court's case law followed to reach this result. A critical overview of the Court's case law — from the famous Mart ínez Sala decision to the latest judgements — provides food for thought about the spectacular and controversial outcome of a long season of renewed judicial activism. Some commentators have even stated that a new paradigm of social solidarity has at last emerged on a pan-European scale, which has redefined the boundaries of domestic welfare systems and the requirements for belonging to the resulting redistribution communities.

Keywords: social solidarity; European citizens; European Court Justice; free movement; EU membership; citizenship

Chapter.  17013 words. 

Subjects: Constitutional and Administrative Law

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