The elusive limits of solidarity : Residence rights of and social benefits for economically inactive Union citizens

Abstract

The free movement of persons is central to the legal and political identity of the European project; it is the most important right attached to Union citizenship and defines the self-perception of those holding the status. Nevertheless, the precise legal standards for the delimitation of residence and equal treatment rights often remained elusive, in particular with regard to citizens with scarce resources. It will be demonstrated that Union law and corresponding Court judgments (most recently Brey and Dano) fluctuate between two visions of how to perceive EU citizenship and the limits of transnational solidarity: one conception based on territorial presence and another promoting social cohesion.