Davide Strazzari

«From Unity to Fragmentation»: The CJEU and the Access to Social Benefits of the EU Citizen

  • Abstract

Informations and abstract

Keywords: Social Benefit; Transnational Solidarity; EU Economically Inactive Citizens; Equal Treatments; CJEU Case-law.

The article focuses on the CJEU case-law concerning the access to welfare of economically inactive EU citizens. After a time in which the CJEU relied on a constitutional and thus on a common notion of EU citizenship, the last decisions embraced a more statutorily based approach resulting in an increased fragmentation of the EU citizen legal status. Within this framework, economically inactive EU citizens, who are neither student nor looking for a job, seem to be specifically penalized, being questioned not only their access to welfare, but even their legal presence in the host state. The article argues this amounts to a sort of social stigmatization of such a category.

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