Policy Press
Three Shades of citizenship: the legal status of retirement migrants
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Abstract
We have already referred, in the context of our discussion about Community citizenship, to the existence of status differentiation. This chapter outlines the evolution of social and residency rights under the free movement of persons’ provisions to detail the hierarchy of entitlement that exists under Community law and the importance of contribution to the citizenship status of retired migrants. It begins with a study of the provisions and the personal and material entitlement of different groups of post-retirement migrants.
‘Citizenship of the Union’, as Article 17 suggests, does not replace national citizenship but rather ‘complements it’. In that context, formal citizenship status reflects not only Community law but also the specific benefits deriving from national citizenship (which vary considerably between member states, not only in a substantive sense but also, importantly, in terms of their transportability). The contribution of national citizenship as a fundamental source of social entitlement is of particular importance given the diversity in domestic welfare systems and the fact that non-discrimination remains the basis of welfare claims in the host state2.
As a piece of socio-legal research this level of analysis takes us only a part of the way, however. Having outlined the forms of status differentiation institutionalised in Community law, the discussion turns to consider the articulation of formal legal status with other forms of social status and social processes to shape citizenship outcomes. As such, it recognises both the tension between the static and fixed nature of legal categories and the sheer complexity and fluidity of social life and human relationships, as well as the role of agency in shaping the effect of the law.
Abstract
We have already referred, in the context of our discussion about Community citizenship, to the existence of status differentiation. This chapter outlines the evolution of social and residency rights under the free movement of persons’ provisions to detail the hierarchy of entitlement that exists under Community law and the importance of contribution to the citizenship status of retired migrants. It begins with a study of the provisions and the personal and material entitlement of different groups of post-retirement migrants.
‘Citizenship of the Union’, as Article 17 suggests, does not replace national citizenship but rather ‘complements it’. In that context, formal citizenship status reflects not only Community law but also the specific benefits deriving from national citizenship (which vary considerably between member states, not only in a substantive sense but also, importantly, in terms of their transportability). The contribution of national citizenship as a fundamental source of social entitlement is of particular importance given the diversity in domestic welfare systems and the fact that non-discrimination remains the basis of welfare claims in the host state2.
As a piece of socio-legal research this level of analysis takes us only a part of the way, however. Having outlined the forms of status differentiation institutionalised in Community law, the discussion turns to consider the articulation of formal legal status with other forms of social status and social processes to shape citizenship outcomes. As such, it recognises both the tension between the static and fixed nature of legal categories and the sheer complexity and fluidity of social life and human relationships, as well as the role of agency in shaping the effect of the law.
Chapters in this book
- Front Matter i
- Contents iii
- List of tables and figures iv
- List of acronyms v
- List of cases and European Union legislation vii
- Acknowledgements ix
- Introduction 1
- Citizenship, well-being and agency in the European Union 13
- Shades of citizenship: the legal status of retirement migrants 35
- Movements to some purpose? 63
- Health/care, well-being and citizenship 77
- Money matters 107
- Moving and caring 141
- Conclusions: retirement migration: the challenge to social citizenship? 171
- Bibliography 191
- Appendix: Methods outline 207
- Index 213
Chapters in this book
- Front Matter i
- Contents iii
- List of tables and figures iv
- List of acronyms v
- List of cases and European Union legislation vii
- Acknowledgements ix
- Introduction 1
- Citizenship, well-being and agency in the European Union 13
- Shades of citizenship: the legal status of retirement migrants 35
- Movements to some purpose? 63
- Health/care, well-being and citizenship 77
- Money matters 107
- Moving and caring 141
- Conclusions: retirement migration: the challenge to social citizenship? 171
- Bibliography 191
- Appendix: Methods outline 207
- Index 213
