Real links, abstract rights and false alarms: The relationship between the ECJ's 'real link' case law and national solidarity

C. O'Brien

Real links, abstract rights and false alarms: The relationship between the ECJ's 'real link' case law and national solidarity

Law

Research output: Contribution to journal › Article › peer-review

Abstract

Examines whether the requirement for EU nationals to show a "real link" with their host state in order to access its social security benefits has reduced the ability of Member States to exclude EC migrants from their welfare systems. Reviews the "value diversity" between real link case law of the European Court of Justice and issues of national solidarity, the procedural guidelines on the test issued by the court, and its use to restrict political rights. Reflects on the exclusion of third country nationals from the test and notes its potential drawbacks.

Original language	English
Pages (from-to)	643-665
Number of pages	23
Journal	European law review
Volume	33
Issue number	5
Publication status	Published - 2008

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O'Brien, C. (2008). Real links, abstract rights and false alarms: The relationship between the ECJ's 'real link' case law and national solidarity. European law review, 33(5), 643-665. http://login.westlaw.co.uk/maf/wluk/app/document?&src=ri&docguid=I74DDEBD0942311DDA91BC7494F7AD395&refer=%2Fmaf%2Fwluk%2Fapp%2Fdocument%3Fdocguid%3DI0EFE2BF0974C11DD86F1B31878103DCB%26src%3Dtoce%26crumb-action%3Dappend%26context%3D3&crumb-action=append&context=4

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year = "2008",

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volume = "33",

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O'Brien, C 2008, 'Real links, abstract rights and false alarms: The relationship between the ECJ's 'real link' case law and national solidarity', European law review, vol. 33, no. 5, pp. 643-665. <http://login.westlaw.co.uk/maf/wluk/app/document?&src=ri&docguid=I74DDEBD0942311DDA91BC7494F7AD395&refer=%2Fmaf%2Fwluk%2Fapp%2Fdocument%3Fdocguid%3DI0EFE2BF0974C11DD86F1B31878103DCB%26src%3Dtoce%26crumb-action%3Dappend%26context%3D3&crumb-action=append&context=4>

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AB - Examines whether the requirement for EU nationals to show a "real link" with their host state in order to access its social security benefits has reduced the ability of Member States to exclude EC migrants from their welfare systems. Reviews the "value diversity" between real link case law of the European Court of Justice and issues of national solidarity, the procedural guidelines on the test issued by the court, and its use to restrict political rights. Reflects on the exclusion of third country nationals from the test and notes its potential drawbacks.

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