This Thesis looks at the question of whether the general equality principle, in its current form of the obligation of the Member States to pay social benefits also to EU migrants as laid down in Directive 2004/38/EC has the potential to endanger the further unification of the Member States and if such potential risk could be overcome by different handling of such obligation in line with EU primary law.
In the process of European integration, more and more sovereign competences were shifted from the nation-states to the institutions of the European Union. The path from the establishment of a common administration for the coal and steel industry, the creation of a customs union, a common internal market, an economic and monetary union to finally the introduction of a common currency for a large part of the Member States aimed the establishment of an "ever closer union", as laid down in the preamble to the TFEU.
This integration process also included the implementation of common European values. On this path, the value of "equality" and especially its expression of non-discrimination based on nationality lead to discussions. Whereas initially only a common market with economic equality was envisaged, based on the idea of an "ever closer union" more and more citizens' rights have been harmonised with the result that in areas of EU relevance EU migrants may no longer be treated differently than nationals of a Member State. Especially equal treatment of economically non-active persons is a politically sensitive issue, as it is feared that their free movement may lead to so-called "benefit tourism".
Inhaltsverzeichnis (Table of Contents)
- INTRODUCTION
- CHAPTER 1
- The Duty: Equal Treatment of nationals and EU migrants in the access to social benefits
- I. The general equality principle in Union Law as the origin of the Duty
- II. The obligation to pay social benefits also to EU migrants
- CHAPTER 2
- The Risk: Financial Expenditure of the Member States and Eurosceptic Parties on the rise
- I. Facts and Figures
- II. Debates about benefit tourism and rising dissatisfaction with the EU
- CHAPTER 3
- Possible Solutions: Other ways of handling the Duty to reduce the Risk
- I. Hypothesis 1: Amendment of the comparison groups resembling equality in accordance with applicable primary law
- 1. Equality between non-working persons and nationals
- a) Proposed amendment: Equality between non-working persons and nationals only after five years of residence
- b) Admissibility under primary law
- 2. Equality between workers and nationals
- a) Proposed amendment: Equality between workers and nationals only under the additional criterion of sufficient means of subsistence
- b) Admissibility under primary law
- 3. Equality between jobseekers and nationals
- a) Proposed amendment: Equality between jobseekers and nationals not indefinitely after one year of work
- b) Admissibility under primary law
- 4. Separation of legal residence from entitlement to social benefits
- II. Hypothesis 2: Reducing the Risk by sharing financial expenditure between the Member States
- 1. Adoption of social insurances at the Union level
- a) Possible Variations
- b) Admissibility under EU Law
- (1) Art. 153 TFEU
- (2) Art. 122(2) TFEU
- (3) Art. 352 TFEU
- (4) Amendment of the Treaties
- 2. Relief of State budget
- CONCLUSION
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This Master's Thesis explores the tension between the principle of equal treatment of EU citizens and the financial burdens on Member States arising from the obligation to pay social benefits to EU migrants. It aims to analyze whether adhering to the equality principle jeopardizes the goal of an "ever closer union" amongst the peoples of Europe.
- The general equality principle in EU law and its application to social benefits.
- The obligation to pay social benefits to EU migrants and its financial implications for Member States.
- The debate surrounding benefit tourism and rising Euroscepticism.
- Potential solutions to mitigate the financial risks associated with the obligation to pay social benefits to EU migrants, including amendments to the comparison groups and the adoption of social insurance at the Union level.
- The admissibility of proposed solutions under EU law.
Zusammenfassung der Kapitel (Chapter Summaries)
Chapter 1 examines the general equality principle in Union Law, emphasizing its significance as the origin of the duty to provide equal treatment to nationals and EU migrants in accessing social benefits. This chapter delves into the legal obligations imposed on Member States to provide social benefits to EU migrants, outlining the legal framework and relevant case law.
Chapter 2 addresses the concerns surrounding the financial expenditure faced by Member States due to the obligation to pay social benefits to EU migrants. It explores the phenomenon of "benefit tourism" and the resulting rise of Eurosceptic parties, presenting statistical data to illustrate the financial implications and the growing public discontent.
Chapter 3 explores potential solutions to mitigate the financial risks associated with the duty to provide social benefits to EU migrants. The chapter analyzes two main hypotheses: amending the comparison groups to ensure greater equality within the existing legal framework and reducing the financial burden through shared expenditure among Member States. It also examines the admissibility of proposed solutions under EU law.
Schlüsselwörter (Keywords)
This Master's Thesis focuses on the interplay between the principle of equal treatment, social benefits, EU migration, and the financial implications for Member States. It explores the concept of "benefit tourism" and its impact on Euroscepticism, examining potential solutions for mitigating the financial risks associated with the obligation to pay social benefits to EU migrants.
- Quote paper
- Isabele Hellriegel (Author), 2021, The European Union's payment of social benefits to EU migrants and the further unification of the Member States. An analysis, Munich, GRIN Verlag, https://www.grin.com/document/1133157
