The Elusive Limits of Solidarity. Residence Rights of and Social Benefits for Economically Inactive Union Citizens

Common Market Law Review 52 (2015), pp. 17–50.

34 Pages Posted: 30 Mar 2017

See all articles by Daniel Thym

Daniel Thym

University of Konstanz - Faculty of Law

Date Written: January 29, 2015

Abstract

The free movement of persons is central to the legal and political identity of the European project; it is the most important right attached to Union citizenship and defines the self-perception of those holding the status. Nevertheless, the precise legal standards for the delimitation of transnational residence and equal treatment rights often remained elusive, in particular with regard to citizens with scarce ressources. It will be demonstrated that Union law and corresponding Court judgments fluctuate between two visions of how to perceive EU citizenship and the limits of transnational solidarity in free movement cases: one conception based on territorial presence and another promoting social cohesion.

Keywords: Union citizenship, free movement, social benefits, Court of Justice, Brexit

Suggested Citation

Thym, Daniel, The Elusive Limits of Solidarity. Residence Rights of and Social Benefits for Economically Inactive Union Citizens (January 29, 2015). Common Market Law Review 52 (2015), pp. 17–50., Available at SSRN: https://ssrn.com/abstract=2942920

Daniel Thym (Contact Author)

University of Konstanz - Faculty of Law ( email )

Universitaetsstrasse 10
Konstanz, 78457
Germany

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