Free Movement and Welfare Access in the European Union: Re-Balancing Conflicting Interests in Citizenship Jurisprudence [Hardcover]

This book assesses the balancing act between EU free movement law, fundamental EU objectives and Member States' concerns regarding their welfare systems. It takes a novel dual approach: namely combining doctrinal analysis of EU citizenship case law with an examination of mobility data. This allows the study to clearly show an imbalance between the representation and protection of these conflicting interests in EU case law. It goes further, identifying avenues for reform and highlighting the importance of the principle of proportionality for attaining a legitimate balance of interests. In a field in which much has been written, this offers a truly original perspective. It will be much welcomed by scholars of EU free movement and citizenship law.

Shortlisted for the 2025 Peter Birks Prizes for Outstanding Early Career Legal Scholarship.

[The] book reflects on the need to clarify the constitutional role of EU citizenship, its direction and its telos. Hooton & puts forward a ready-to-use, comprehensive legal toolbox on proportionality: the hope is that the relevant constitutional actors consider the suggestions so persuasively advocated. European Journal of Migration and Law

Free movement and welfare access in the European Union represents a thoughtful, thoroughly researched, though far from dispassionate, contribution to its field. Journal of Social Security Law

1. Free Movement, Redistributive Tension and the Role of EU Law
2. Residency and Welfare Access for Intra-EU Jobseekers
3. Residency and Welfare Access for Mobile Students
4. Residency and Welfare Access for Economically Inactive Citizens
5. Intra-Union Mobility and the Justifiability of Imbalance
6. RebalancilC`