Residence, Employment and Social Rights of Mobile Persons

This book discusses the issue of these links and, more specifically, the question of how EU law defines the link needed to obtain the right to reside in a Member State and the right to social and employment protection in that State.
Herwig Verschueren
Social Europe Series
book | published | 1st edition
August 2016 | xviii + 316 pp.


ISBN 9781780684079

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Where do I belong? This is a question all mobile persons are bound to ask themselves at one time or another. When crossing borders, individuals establish links with States, which can be the basis for legal claims against these States.

This book discusses the issue of these links and, more specifically, the question of how EU law defines the link needed to obtain the right to reside in a Member State and the right to social and employment protection in that State. When it comes to claiming rights from States, traditionally ‘nationality’ is the answer to the question where a person belongs. However, in the context of European integration and the development of an EU legal framework of internal market rules, citizenship rights and immigration rules, different answers to these questions have been developed.

From this perspective the various chapters of this book examine instruments such as the Citizens Directive 2004/38, the Family Reunification Directive 2003/86, the Long-term Residence Directive 2003/109, the Social Security Coordination Regulation 883/2004, the Rome I Regulation 593/2008 and the Posting of Workers Directive 96/71. The case-law of the Court of Justice on these issues is of course a central element therein.

The analyses of scholars from different legal disciplines in the fourteen chapters of this book show that EU law gives a multitude of answers to the question which link is necessary and sufficient to create an individual’s right vis-à-vis a State. The definition of this link, the criteria used and the legal consequences differ according to the legal framework the individual finds himself/herself in and the legal instrument he/she invokes. Moreover, the criteria used in legislation and case-law continue to be the subject of problems of interpretation and application, which in turn leads to legal uncertainty or even confusion.

‘[...] the book significantly elevates the discussion around EU (social) law as it [applies] to mobile persons, focusing on some of the most important aspects of a person’s life, such as residence, unity with family members, employment and social (rights) protection. These topics are at the forefront of EU integration and social policy, which this adds value to this excellently written book.’
Primož Rataj, European Journal of Social Security (2017) vol.19 (3), 287

Table of Contents

Contents (p. 0)

How EU Law Defines where Mobile Persons Belong. An Introduction (p. 1)

Herwig Verschueren

Family as Link. Explaining the Judicial Change of Direction on Residence Rights of Family Members from Third States (p. 11)

The Direction of the Court's Family Reunification Case-Law: A Plea for (Timely) Moderation (p. 39)

Henri De Waele

Sufficient Resources and Residence Rights under Directive 2004/38 (p. 47)

Free Movement of Persons and European Solidarity: A Melancholic Eulogy (p. 75)

Once a Foreigner, Always a Foreigner. Who does not belong her Anymore? Expulsion Measures (p. 89)

Who does not belong here anymore? A Statistical Snapshot of Member States' Practices (p. 111)

Civic Integration Exams in EU Immigration Law. What Integration is not in European Law (p. 129)

I Study here, and thus I Belong? Mobile Students in het European Union (p. 161)

Being Economically Active: How it still matters (p. 187)

Herwig Verschueren

Where do EU Mobile Workers belong, according to Rome I and the (E)PWD? (p. 215)

Aukje van Hoek

Conflicting Rules of Conflict: Social Security and Labour Law (p. 255)

Conflicting Rules of Conflict: Social Security and Labour Law. A Response (p. 285)

Where does the UK belong? (p. 301)

About the series:

Social Europe Series

The Social Europe Series gives the reader more than an introduction to the social systems of the member states of the European Union. It offers the social security expert with comparative experience the opportunity to place his or her knowledge of (aspects of) foreign social security systems in a broader national context. The series facilitates the broad comparison of the national systems, by describing them according to a uniform structure.

Editorial board: Michael Adler (University of Edinburgh), Anne Davies (University of Oxford), Guus Heerma van Voss (University of Leiden), Frank Hendrickx (University of Leuven & Tilburg University), Frans Pennings (Utrecht University), Sophie Robin-Olivier (University of Paris X Nanterre), Achim Seifert (University of Luxembourg ), Sara Stendahl (Göteborg University) and Bernd Waas (Johann Wolfgang Goethe-University Frankfurt).

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