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Justice in the EUThe Emergence of Transnational Solidarity$
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Floris de Witte

Print publication date: 2015

Print ISBN-13: 9780198724346

Published to Oxford Scholarship Online: August 2016

DOI: 10.1093/acprof:oso/9780198724346.001.0001

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Communitarian Solidarity

Communitarian Solidarity

Chapter:
(p.123) 4 Communitarian Solidarity
Source:
Justice in the EU
Author(s):

Floris de Witte

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198724346.003.0005

Chapter 4 looks at communitarian solidarity, which is connected with the novel idea(l) of community in the EU, and which describes the rights that citizens derive by virtue of their social, quotidian interaction with citizens in the host state. Communitarian solidarity, it will be argued, lies at the core of the equal treatment of mobile workers in their host state, informs the right to transboundary healthcare for patients, strips Member States of the capacity to differentiate in welfare access on the basis of nationality or residence alone. It is a normatively shallow but procedurally strong idea of membership, and can be traced in the case law of the Court in areas of education, healthcare, and social assistance. Particular attention will be paid to the access to student grants, where the limit to communitarian solidarity, and the tensions that it produces, is most pronounced.

Keywords:   Communitarian solidarity, equal treatment, education, student grants, healthcare, EU citizenship

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