The Charter and Social Security Rights: Time to Stand and Deliver?. Issue 1 (March 2022)

• Record Type: Journal Article
• Authors: Paju, Jaan
• Is Part Of: European journal of social security. Volume 24:Issue 1(2022)
• Page Start: 21
• Page End: 39
• Publication Date: 2022-03
• Subjects: the Charter -- free movement of persons -- fundamental rights -- residency -- social security -- Union citizenship -- welfare; Social security -- Europe -- Periodicals; Social security -- Law and legislation -- Europe -- Periodicals; Periodicals; Electronic journals; 362.9405
• DOI: 10.1177/13882627221075643
• Languages: English
• ISSNs: 2399-2948

Abstract

From a standpoint of fundamental rights, the European Court of Justice (ECJ) can be considered as having taken a restrictive approach to social security ever since it ruled in case C-333/13, Dano . The ECJ ruled that the Charter of Fundamental Rights of the European Union does not apply because Regulation 883/2004 only coordinates member states' social security systems. This has since been raised by national courts in seven further preliminary rulings: case C-647/13, Melchior ; case C-408/14, Wojciechowski ; case C-284/15, M ; case C-89/16, Szoja ; case C-447/18, UB ; case C-243/19, A ; and case C-243/19, CG . In the light of these rulings, this article provides an analysis of social security from a rights perspective. This includes considering and analysing the inherent limitations of the Charter in view of the principle of conferral. The author asks: the Charter and social security rights – time to stand and deliver? If so: deliver what? If not: why not?