"The Social Policy Clash: EU Cross-Border Welfare, Union Citizenship and National Residence Clauses"

Martinsen, Dorte Sindbjerg. (2007) "The Social Policy Clash: EU Cross-Border Welfare, Union Citizenship and National Residence Clauses". In: UNSPECIFIED, Montreal, Canada. (Unpublished)

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Abstract

[From the introduction]. Although the European Union has not formally been assigned welfare policy competence, it has for decades regulated social benefits between the member states. The social rights and obligations of the European migrant have for long been safeguarded by the EU, and the mutual welfare responsibility undertaken by the member states of the Union constitutes an extraordinary piece of social Europe. The focus of this paper is the long run welfare integration which has taken place in the European Community and has been expanded in the European Union through the coordination scheme of Community Regulation 1408/711. The regulation has recently been substantially reformed with the adoption of Regulation 883/20042, but has furthermore in key parts unfolded through issue linkages to Union citizenship and internal market principles. The paper seeks to demonstrate that a European welfare dimension has for long been a material fact, patched up by judicial activism versus political caution, exemptions and compromises.

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