Interpretive Legitimacy and the Distinction between 'Social Assistance' and 'Work-Seekers' Allowance': Comment on Vatsouras

(2009) 34 European Law Review 933

17 Pages Posted: 30 Jun 2012

See all articles by Elaine Fahey

Elaine Fahey

City, University of London - City Law School

Date Written: 2009

Abstract

The Court of Justice has subjected the Citizens Rights Directive, Directive 2004/38, to a “citizenship” interpretation in a growing number of instances, by employing Art.18 EC. However, it is suggested here that the relationship between the Directive and the provisions of the EC Treaty, specifically Art.18 EC, lacks clarity and is variably legislative-centred and citizenship-orientated. This article considers the recent decision of the Court of Justice in Vatsouras (C-22/08 & C-23/08) where the Court considered the state-centred derogation from equal treatment in Art.24 of the Directive, regarding entitlement to social assistance. The decision of the Court, drawing a critical distinction between social assistance and work seekers allowance, is reached in the absence of any analysis of Art.18 EC. The relationship between the Directive and Treaty in related case law of the Court is also explored.

Suggested Citation

Fahey, Elaine, Interpretive Legitimacy and the Distinction between 'Social Assistance' and 'Work-Seekers' Allowance': Comment on Vatsouras (2009). (2009) 34 European Law Review 933. Available at SSRN: https://ssrn.com/abstract=2096171

Elaine Fahey (Contact Author)

City, University of London - City Law School ( email )

Northampton Square
London, London EC1V OHB
United Kingdom

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