Insiders, Outsiders, and the Constructed Limits to Social Rights in EU Law
Loxa, Alezini LU
(2025)
In European Papers
10(1).
p.163-190
- Abstract
- This paper engages with limitations to social rights for different categories of migrants under EU law. By looking at how EU law construes accepted limitations to social rights and how the Court of Justice reviews such limitations, the paper suggests that there is room for different interpretation of limitations to social rights under secondary law in view of a more coherent understanding of their function under EU law. Specifically, the paper maps the accepted limitations to the social rights of EU migrants, long-term residents, and regular migrants. By reviewing the justifications put forward behind all the accepted limitations to social rights, the paper argues that the function served by limitations to social rights is uniform across... (More)
- This paper engages with limitations to social rights for different categories of migrants under EU law. By looking at how EU law construes accepted limitations to social rights and how the Court of Justice reviews such limitations, the paper suggests that there is room for different interpretation of limitations to social rights under secondary law in view of a more coherent understanding of their function under EU law. Specifically, the paper maps the accepted limitations to the social rights of EU migrants, long-term residents, and regular migrants. By reviewing the justifications put forward behind all the accepted limitations to social rights, the paper argues that the function served by limitations to social rights is uniform across all categories of migrants: that is avoiding the presumed negative effects of migration to national redistributive mechanisms. At the same time, the Court follows different paths of review depending on the status of the migrants (EU or non-EU). While some differentiation in the approach followed by the Court is justified, the paper argues that there is room for evolution in judicial review by combining elements of the judicial approach for both EU and non-EU migrants in light of the social objectives of the EU under Article 3 TEU and the Charter. The paper presents the potential of this combination not as a groundbreaking shift in the functional approach followed by EU law to social rights, but rather as a limited change that can bring about more extensive protection of social rights for all migrants. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/2e3fc7c6-0ac5-43fc-94d3-8ca1e2c4e123
- author
- Loxa, Alezini
LU
- organization
- publishing date
- 2025
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- EU law, Social Rights, Non-Discrimination, Migration, EU-rätt
- in
- European Papers
- volume
- 10
- issue
- 1
- pages
- 163 - 190
- publisher
- European Paper
- ISSN
- 2499-8249
- DOI
- 10.15166/2499-8249/829
- project
- Socio-Economic Rights and Non-Discrimination at the Intersection of the Market, the Border and the Welfare State
- language
- English
- LU publication?
- yes
- id
- 2e3fc7c6-0ac5-43fc-94d3-8ca1e2c4e123
- alternative location
- https://www.europeanpapers.eu/e-journal/insiders-outsiders-constructed-limits-social-rights-eu-law
- date added to LUP
- 2025-03-18 19:20:28
- date last changed
- 2025-08-16 03:25:17
@article{2e3fc7c6-0ac5-43fc-94d3-8ca1e2c4e123,
abstract = {{This paper engages with limitations to social rights for different categories of migrants under EU law. By looking at how EU law construes accepted limitations to social rights and how the Court of Justice reviews such limitations, the paper suggests that there is room for different interpretation of limitations to social rights under secondary law in view of a more coherent understanding of their function under EU law. Specifically, the paper maps the accepted limitations to the social rights of EU migrants, long-term residents, and regular migrants. By reviewing the justifications put forward behind all the accepted limitations to social rights, the paper argues that the function served by limitations to social rights is uniform across all categories of migrants: that is avoiding the presumed negative effects of migration to national redistributive mechanisms. At the same time, the Court follows different paths of review depending on the status of the migrants (EU or non-EU). While some differentiation in the approach followed by the Court is justified, the paper argues that there is room for evolution in judicial review by combining elements of the judicial approach for both EU and non-EU migrants in light of the social objectives of the EU under Article 3 TEU and the Charter. The paper presents the potential of this combination not as a groundbreaking shift in the functional approach followed by EU law to social rights, but rather as a limited change that can bring about more extensive protection of social rights for all migrants.}},
author = {{Loxa, Alezini}},
issn = {{2499-8249}},
keywords = {{EU law; Social Rights; Non-Discrimination; Migration; EU-rätt}},
language = {{eng}},
number = {{1}},
pages = {{163--190}},
publisher = {{European Paper}},
series = {{European Papers}},
title = {{Insiders, Outsiders, and the Constructed Limits to Social Rights in EU Law}},
url = {{https://lup.lub.lu.se/search/files/223138957/Loxa_European_Papers.pdf}},
doi = {{10.15166/2499-8249/829}},
volume = {{10}},
year = {{2025}},
}