The European Union's payment of social benefits to EU migrants and the further unification of the Member States. An analysis

Inhaltsverzeichnis (Table of Contents)

• INTRODUCTION
• CHAPTER 1
  • The Duty: Equal Treatment of nationals and EU migrants in the access to social benefits
  • I. The general equality principle in Union Law as the origin of the Duty
  • II. The obligation to pay social benefits also to EU migrants
• CHAPTER 2
  • The Risk: Financial Expenditure of the Member States and Eurosceptic Parties on the rise
  • I. Facts and Figures
  • II. Debates about benefit tourism and rising dissatisfaction with the EU
• CHAPTER 3
  • Possible Solutions: Other ways of handling the Duty to reduce the Risk
  • I. Hypothesis 1: Amendment of the comparison groups resembling equality in accordance with applicable primary law
  • 1. Equality between non-working persons and nationals
  • a) Proposed amendment: Equality between non-working persons and nationals only after five years of residence
  • b) Admissibility under primary law
  • 2. Equality between workers and nationals
  • a) Proposed amendment: Equality between workers and nationals only under the additional criterion of sufficient means of subsistence
  • b) Admissibility under primary law
  • 3. Equality between jobseekers and nationals
  • a) Proposed amendment: Equality between jobseekers and nationals not indefinitely after one year of work
  • b) Admissibility under primary law
  • 4. Separation of legal residence from entitlement to social benefits
  • II. Hypothesis 2: Reducing the Risk by sharing financial expenditure between the Member States
  • 1. Adoption of social insurances at the Union level
  • a) Possible Variations
  • b) Admissibility under EU Law
  • (1) Art. 153 TFEU
  • (2) Art. 122(2) TFEU
  • (3) Art. 352 TFEU
  • (4) Amendment of the Treaties
  • 2. Relief of State budget
• CONCLUSION

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This Master's Thesis explores the tension between the principle of equal treatment of EU citizens and the financial burdens on Member States arising from the obligation to pay social benefits to EU migrants. It aims to analyze whether adhering to the equality principle jeopardizes the goal of an "ever closer union" amongst the peoples of Europe.

• The general equality principle in EU law and its application to social benefits.
• The obligation to pay social benefits to EU migrants and its financial implications for Member States.
• The debate surrounding benefit tourism and rising Euroscepticism.
• Potential solutions to mitigate the financial risks associated with the obligation to pay social benefits to EU migrants, including amendments to the comparison groups and the adoption of social insurance at the Union level.
• The admissibility of proposed solutions under EU law.

Zusammenfassung der Kapitel (Chapter Summaries)

Chapter 1 examines the general equality principle in Union Law, emphasizing its significance as the origin of the duty to provide equal treatment to nationals and EU migrants in accessing social benefits. This chapter delves into the legal obligations imposed on Member States to provide social benefits to EU migrants, outlining the legal framework and relevant case law.

Chapter 2 addresses the concerns surrounding the financial expenditure faced by Member States due to the obligation to pay social benefits to EU migrants. It explores the phenomenon of "benefit tourism" and the resulting rise of Eurosceptic parties, presenting statistical data to illustrate the financial implications and the growing public discontent.

Chapter 3 explores potential solutions to mitigate the financial risks associated with the duty to provide social benefits to EU migrants. The chapter analyzes two main hypotheses: amending the comparison groups to ensure greater equality within the existing legal framework and reducing the financial burden through shared expenditure among Member States. It also examines the admissibility of proposed solutions under EU law.

Schlüsselwörter (Keywords)

This Master's Thesis focuses on the interplay between the principle of equal treatment, social benefits, EU migration, and the financial implications for Member States. It explores the concept of "benefit tourism" and its impact on Euroscepticism, examining potential solutions for mitigating the financial risks associated with the obligation to pay social benefits to EU migrants.