Free Movement and Welfare Access in the European Union: Re-Balancing Conflicting Interests in Citizenship Jurisprudence

(Paperback)

Available Formats

Publishing Details

Classifications

Physical Properties

Description

This book assesses the balancing act between EU free movement law, fundamental EU objectives and Member States concerns regarding their welfare systems. It takes a novel dual approach: namely combining doctrinal analysis of EU citizenship case law with an examination of mobility data. This allows the study to clearly show an imbalance between the representation and protection of these conflicting interests in EU case law. It goes further, identifying avenues for reform and highlighting the importance of the principle of proportionality for attaining a legitimate balance of interests. In a field in which much has been written, this offers a truly original perspective. It will be much welcomed by scholars of EU free movement and citizenship law.

Reviews

[The] book reflects on the need to clarify the constitutional role of EU citizenship, its direction and its telos. Hooton convincingly demonstrated that there are avenues to reinstate a robust proportionality assessment accounting for Member States concerns without unduly sacrificing the rights of citizens. In doing so, the monograph manages to keep together the pivotal constitutional implications of EU citizenship, especially since the latter is the fundamental status of Member States nationals and legal feasibility requirements. It thus ultimately puts forward a ready-to-use, comprehensive legal toolbox on proportionality: the hope is that the relevant constitutional actors consider the suggestions so persuasively advocated. -- Fulvia Ristuccia, Assistant Professor of EU Law, Department of European Law, Faculty of Law, Maastricht University, The Netherlands * European Journal of Migration and Law *

Author Bio

Victoria Hooton is Research Fellow at the Max Planck Institute for Legal History and Legal Theory, Germany.