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

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Dr Victoria Hooton

Free Movement and Welfare Access in the European Union

Re-Balancing Conflicting Interests in Citizenship Jurisprudence

Dr Victoria Hooton

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Hardback

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English

Hart Publishing
02 May 2024

Welfare & benefit systems; Citizenship & nationality law; Law for the lay person

Series: Modern Studies in European Law

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.

By: Dr Victoria Hooton
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
ISBN: 9781509966851
ISBN 10: 1509966854
Series: Modern Studies in European Law
Pages: 336
Publication Date: 02 May 2024
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

1. Free Movement, Redistributive Tension and the Role of EU Law 2. Residency and Welfare Access for Intra-EU Jobseekers 3. Residency and Welfare Access for Mobile Students 4. Residency and Welfare Access for Economically Inactive Citizens 5. Intra-Union Mobility and the Justifiability of Imbalance 6. Rebalancing Interests: Towards Better Co-Governances of Union Citizenship

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

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

[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. * European Journal of Migration and Law *