The european court of justice recognition of cross-border welfare rights through the reshaping of member states’ welfare policies

Abstract

This article intends to shed light on the nature of the cross-border welfare rights that are recognized by the European Court of Justice in its free movement cases. To this end, it first sets forth the specific context characterizing the European Union. It then assesses to what extent the Court’s case law has the effect of reshaping Member States’ welfare policies. It finally identifies the key-features of European Union cross-border rights. It claims, as a result, that such rights (i) have a far-reaching scope, since they cover matters over which the European Union (henceforth EU) has no, or very limited, jurisdiction; (ii) have a limited substance, since, despite their cross-border dimension, they remain first and foremost national.