European (Internal) Migration Law as an Instrument for Defining the Boundaries of National Solidarity Systems

European (Internal) Migration Law as an Instrument for Defining the Boundaries of National... © Koninklijke Brill NV, Leiden, 2007 DOI: 10.1163/138836407X225696 European Journal of Migration and Law 9 (2007) 307–346 www.brill.nl/emil European (Internal) Migration Law as an Instrument for Defining the Boundaries of National Solidarity Systems Herwig Verschueren Professor of International and European Social Law at the University of Antwerp and at the Free University of Brussels. Former civil servant at the European Commission (1992–2004). Abstract In recent years much discussion has taken place on the defi nition of the boundaries for not economically active persons moving within the EU of national solidarity systems guaranteeing a minimum level of subsistence. Th e main purpose of this article is to demonstrate how diff erent parts of European (internal) migration law have been serving as an instrument in the defi ning of these boundaries. It will fi rst analyse what has been agreed in the social security co-ordination Regulation 1408/71 on the responsibility that lies on the Member State of residence for the payment of minimum subsistence benefi ts. Special attention will be paid to the consequences of this fi nancial responsibility for the application of the directives on the right of residence, both for EU citizens (Directive 2004/38) and for long-term resident http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Migration and Law Brill

European (Internal) Migration Law as an Instrument for Defining the Boundaries of National Solidarity Systems

European Journal of Migration and Law, Volume 9 (3): 307 – Jan 1, 2007

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Publisher
Brill
Copyright
© 2006 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1388-364X
eISSN
1571-8166
D.O.I.
10.1163/138836407X225696
Publisher site
See Article on Publisher Site

Abstract

© Koninklijke Brill NV, Leiden, 2007 DOI: 10.1163/138836407X225696 European Journal of Migration and Law 9 (2007) 307–346 www.brill.nl/emil European (Internal) Migration Law as an Instrument for Defining the Boundaries of National Solidarity Systems Herwig Verschueren Professor of International and European Social Law at the University of Antwerp and at the Free University of Brussels. Former civil servant at the European Commission (1992–2004). Abstract In recent years much discussion has taken place on the defi nition of the boundaries for not economically active persons moving within the EU of national solidarity systems guaranteeing a minimum level of subsistence. Th e main purpose of this article is to demonstrate how diff erent parts of European (internal) migration law have been serving as an instrument in the defi ning of these boundaries. It will fi rst analyse what has been agreed in the social security co-ordination Regulation 1408/71 on the responsibility that lies on the Member State of residence for the payment of minimum subsistence benefi ts. Special attention will be paid to the consequences of this fi nancial responsibility for the application of the directives on the right of residence, both for EU citizens (Directive 2004/38) and for long-term resident

Journal

European Journal of Migration and LawBrill

Published: Jan 1, 2007

Keywords: Directive 2003/109; Regulation 1408/71; Free movement EU citizens; minimum subsistence benefits; social security co-ordination; Directive 2004/38; Article 18 EC; European citizenship

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