Publication
Title
Preventing "benefit tourism" in the EU : a narrow or broad interpretation of the possibilities offered by the ECJ in DANO?
Author
Abstract
This article contributes to the debate on the boundaries of national solidarity systems in the context of the free movement of persons in the EU. It analyses the impact of the ECJ's judgment in Dano on the entitlement to social benefits of economically inactive Union citizens. First, it summarizes the legal discussion so far held on this issue and highlights the questions that remained open after earlier case law of the Court. Next, it explains why a narrow interpretation of the limitation of the principle of equal treatment allowed by the Court is the only acceptable one if legal coherence is to be preserved. It also analyses the consequences of a broad interpretation, arguing that this would undermine the very principle of free movement as a fundamental right, the principle of proportionality as well as the Union's policy objectives of combating poverty and social exclusion.
Language
English
Source (journal)
Common Market law review. - London
Common market law review
Publication
London : 2015
ISSN
0010-3292 [fout]
0165-0750
Volume/pages
52:2(2015), p. 363-390
ISI
000354072600002
Full text (open access)
UAntwerpen
Faculty/Department
Research group
Publication type
Subject
Law 
Affiliation
Publications with a UAntwerp address
External links
Web of Science
Record
Identification
Creation 11.06.2015
Last edited 10.11.2017
To cite this reference