Naslov
The Social Dimension of EU Citizenship – A Castle in the Air or Construction Gone Wrong?

Autori
Tina Oršolić Dalessio

Izvornik
German law journal (2071-8322) 14 (2013); 869-888

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
Social Rights; EU Citizenship

Sažetak
In light of the 20th anniversary of the establishment of EU citizenship, this article explores what is to be celebrated on this occasion. It analyzes which rights the peoples of Europe gained by virtue of their so-called fundamental status of EU citizenship, and were the guarantees embedded in those rights satisfactory. These questions are addressed by focusing on the social rights field, the one that has been most dramatically affected by the development of the EU citizenship concept. The article thus revisits the relevant case law and legislation and examines their implications for the overall construction EU citizenship and its social aspect. The analysis shows that the legal contours of the social dimension of EU citizenship have been thus far defined rather arbitrarily. The evolution of citizens’ social rights has come about as a product of random political bargaining and a case-by-case approach driven by balancing, rather than a comprehensive strategy for development of this aspect of European integration. It will be argued that this way of approaching legal developments in the social rights field is less then satisfactory. It has not only resulted in the overall minimal level of protection of EU citizens’ social rights, but has also led to a lack of coherency, legal certainty and legitimacy in developing the social aspect of EU citizenship. This, in turn, makes it difficult for the Union citizenship to live up to its assigned role of the fundamental status of the member States' nationals.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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