Perspectives on Social Citizenship in the EU: From<i>Status Positivus</i>to<i>Status Socialis Activus</i>via Two Forms of Transnational Solidarity

Schiek, Dagmar

doi:10.1017/9781139680714.015

Cited by 50 publications

(2 citation statements)

References 37 publications

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“…The experience of the economic crisis must teach the Court of Justice that it is necessary to build a more inclusive transnational solidarity model, which also allows vulnerable European citizenssuch as self-employed workers residing in a host Member State -to easily access social benefits. 99 It would be appropriate for the Court to recover the solidarity spirit that characterised its jurisprudence before the economic crisis and to extend the boundaries of national solidarity to develop true transnational social citizenship.…”

Section: Discussionmentioning

confidence: 99%

The Self-employed and the EU Court of Justice: towards new social protection of vulnerable EU citizens?

Nato

2020

European Labour Law Journal

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European citizens have been exposed to social exclusion risks due to the economic crisis and the retrenchment in the welfare state budget. Among those exposed, we find workers and self-employed workers. The Member States of Central and Northern Europe have tried to restrict the free movement of workers and the self-employed and limit access to social benefits for European citizens from Eastern Europe. On the other hand, the European institutions have tried to save the notion of the European citizen as the promoter of the integration process. Recently, the Court of Justice seems to have reprised the role of bulwark against the social exclusion of migrant European citizens in the host Member State. Adding to Florea Gusa and Tarola, the Dakneviciute case law confirms the new interpretative trend of the Court of Justice towards greater protection of the migrant self-employed worker who needs to access the welfare of the host Member State in a period of vulnerability. The recommendation is that this course continues, allowing us to overcome the restrictive jurisprudence developed in the Dano trend.

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Section: Discussionmentioning

confidence: 99%

The Self-employed and the EU Court of Justice: towards new social protection of vulnerable EU citizens?

Nato

2020

European Labour Law Journal

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“…Considering the astonishing variety of human bonds and interactions falling under the umbrella term of 'family', the last thing we want is the Court unable to utter the word 'sex' to tell us what 'strengthening' is. 116 Consider how the Court has reduced human agency in other fields, such as 'integration' into the society of the host state, 117 'work', 118 or 'sufficient resources', 119 bringing disaster to a great number of families and giving EU free-movement law an awkward illiberal turn. This hits both workers and other citizens hard, 120 and makes the Court a true 'actor of injustice' 121 in the eyes of some.…”

Section: Questions About the Dangers Of 'Strengthening Family Life' Fmentioning

confidence: 99%

Same-Sex Spouses in the EU after Coman: More Free Movement, But What About Marriage?

Kochenov

Belavusau

2019

SSRN Journal

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This paper provides a detailed critical analysis of the case of Coman, where the Court of Justice clarified that the meaning of the term 'spouse' in Directive 2004/38 was gender-neutral, opening up the door for same-sex marriage recognition for immigration purposes all around the EU, thus destroying the heteronormative misinterpretations of the clear language of the Directive practiced in a handful of Member States. The state of EU law after Coman is still far from perfect, however: we underline a line of important questions which remain open and which the Court will need to turn to in the near future to ensure that marriage equality in moves beyond mere proclamations in the whole territory of the Union.

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Energy and Citizenship in a Time of Transition and Socio-technical Change

Lennon,

Dunphy

2023

The Palgrave Handbook of Global Social Change

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Perspectives on Social Citizenship in the EU: FromStatus PositivustoStatus Socialis Activusvia Two Forms of Transnational Solidarity

Cited by 50 publications

References 37 publications

The Self-employed and the EU Court of Justice: towards new social protection of vulnerable EU citizens?

The Self-employed and the EU Court of Justice: towards new social protection of vulnerable EU citizens?

Same-Sex Spouses in the EU after Coman: More Free Movement, But What About Marriage?

Energy and Citizenship in a Time of Transition and Socio-technical Change

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