EU Citizenship and Social Rights
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EU Citizenship and Social Rights

Entitlements and Impediments to Accessing Welfare

Edited by Frans Pennings and Martin Seeleib-Kaiser

In the 1990s, the Maastricht Treaty introduced the right to free movement for EU citizens. In practice, however, there are substantial barriers to making use of this right, particularly to integration and to accessing the social and welfare rights available. This is particularly true when it comes to accessing social rights, such as social assistance, housing benefit, study grants and health care. This book provides a detailed description and thorough analysis of these barriers, in both law and practice.
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Chapter 10: EU citizens’ access to social benefits: reality or fiction? Outlining a law and literature approach to EU citizenship

Pauline Phoa

Abstract

This chapter follows a ‘Law and Literature’ approach towards EU citizens’ access to social benefits. The author demonstrates that law is not just a set of rules or institutions, but a dialogical and literary activity, which can be analysed and criticized as such. This approach is applied with regard to landmark judgments on EU citizenship such as the Grzelczyk and the Dano cases. The author argues how a ‘Law and Literature’ approach to EU citizenship contributes to understanding and critically assessing the way in which legal narratives shape EU citizenship rights.

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