Abstract

How to determine whether mobile Union citizens have a right to social assistance? Research has shown how Western European Member States have made efforts to restrict Union citizens’ access to their welfare systems over the past decade, whereby lawful residence has increasingly become the linchpin for entitlement. Member States have responded strikingly differently, however, to the complex administrative puzzle of dealing with open borders, the ability to verify lawful residence and the right to social assistance over time. This article makes an analytical and empirical contribution to existing literature by asking how Member States adjust their welfare/migration administrations to fit the Union’s free movement regime and what implications this has for Union citizens. Based upon comparative case studies into the administration of social assistance rights in Germany, Austria and the Netherlands, the article develops a typology of three different models of administering Union citizens’ access to the welfare state: the form, signal and delegation models. Demonstrating how bureaucratic design impacts the stratification of social rights in the Member States in different ways, the article concludes that studying alternative administrative models offers important insights into the functioning of territorial welfare states in open border regimes.

Highlights

  • The social rights enjoyed by immigrants depend on a country’s immigration policy and its welfare system

  • The threat of losing the right of residence hangs over their head like the sword of Damocles: while for some the order to leave the country will come as an unpleasant surprise, those Union citizens aware of the possible consequences might opt to live a life under the minimum subsistence level (Kramer, 2017)

  • The complex combination of having open borders and mobile Union citizens with a ‘constitutional’ status but a conditional right to residence determining equal access to social assistance was bound to shake up established procedures and divisions of competences between welfare and migration authorities in EU Member States (MS)

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Summary

Introduction

The social rights enjoyed by immigrants depend on a country’s immigration policy and its welfare system. Subsequent interactions with welfare authorities are linked with the satisfactory fulfilment of these initial bureaucratic procedures: the decision of whether to grant access to welfare benefits is formally or ‘bureaucratically’ linked with Union citizens’ ability to demonstrate their legal status, often by requiring the provision of the ‘right’ residence document or the ‘correct’ residence status in a database This procedure is at odds with EU (case) law in the sense that it ignores the ‘constitutionalized’ status of Union citizens, that is, that they enjoy their rights directly from the Treaties, independent of the fulfilment of administrative procedures. The threat of losing the right of residence hangs over their head like the sword of Damocles: while for some the order to leave the country will come as an unpleasant surprise, those Union citizens aware of the possible consequences might opt to live a life under the minimum subsistence level (Kramer, 2017)

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