The inconsistent right to welfare provision: frictions between EU free movement law and social security coordination

Maria Antonia Panascì

Chapter 6 in Dilemmas of EU Free Movement Law, 2026, pp 109-142 from Edward Elgar Publishing

Abstract: This contribution addresses the normative tension between the ambition of EU free movement law to include, to some extent, EU mobile citizens within nationally bounded welfare systems, and the need for EU welfare law to respect Member States’ prerogatives vis-à-vis the organisation of their systems of social solidarity. These two competing logics have generated inconsistencies in relation to cross-border access to social benefits as well as frictions between Directive 2004/38, which sets out the general framework for the free movement of Union citizens, and Regulation 883/2004 on the coordination of national social security systems. The chapter examines the dilemma stemming from the interaction between the two legislative instruments and explains its underlying reasons. It contends that what appears to be an irreconcilable conflict can be recomposed through a hermeneutic approach centred on Article 18 TFEU on equal treatment and the principle of proportionality.

Keywords: Welfare provision; Social security; Social assistance; Reg; 883; 2004; Dir; 2004; 38; EU citizenship (search for similar items in EconPapers)
Date: 2026
ISBN: 9781839107825
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