This is an account of the development of European labour and social security law as it interrelates with the evolution of market integration in the European Union. Giubboni presents, from a labour law perspective, a case study of the changes the European Community/European Union has undergone from its origins to the present day and of the ways these changes have affected the regulation of European Welfare States at national level. Drawing on the idea of 'embedded liberalism', Giubboni analyses the infiltration of EC competition and market law into national systems of labour and social security law and provides a normative framework for conceptualising the transformation of regulatory techniques implemented at the EU level. This important, interdisciplinary contribution to research in EU social law illustrates how the vision of social protection and solidarity is changing.
This article explores the tension between freedom of movement within the EC/EU and the principle of social solidarity, a tension which has increased in step with the progressive enlargement over the years of the circle of potential beneficiaries of the right to cross-border access to the social and welfare benefits guaranteed by the social protection systems of the Member States. The article aims to re-construct the system of Community rules regarding the free movement of persons within the EU from the point of view of the justifying criteria for the cross-border access to national welfare systems of the different categories of 'migrants'. The focus of the article is on the different degrees and models of solidarity which, at least at the present stage of the European integration process, justify correspondingly graduated and differentiated forms of cross-border access to Member States' social and welfare benefits for the various categories of persons who move about within the EU.
This paper analyses the case-law of the European Court of Justice on the scope and limits of cross-border access of economically inactive Union citizens to national systems of social assistance. The author de-constructs and challenges the weak rhetoric of transnational solidarity generously deployed by the Court of Justice at the beginning of the expansive cycle of its case-law on the transnational social protection rights of mobile EU citizens. The most recent case-law shows, in fact, a spectacular retreat from this rhetoric in tune with the neo-nationalistic and social-chauvinistic moods prevailing in Europe.
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