The persistence of legal uncertainty on EU citizens' access to social benefits in Germany.

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State: Public
Version: author
License: CC BY 4.0
Serval ID
serval:BIB_08702F5CD9C3
Type
Article: article from journal or magazin.
Publication sub-type
Review (review): journal as complete as possible of one specific subject, written based on exhaustive analyses from published work.
Collection
Publications
Institution
Title
The persistence of legal uncertainty on EU citizens' access to social benefits in Germany.
Journal
Journal of European social policy
Author(s)
Gago A., Hruschka C.
ISSN
0958-9287 (Print)
ISSN-L
0958-9287
Publication state
Published
Issued date
12/2022
Peer-reviewed
Oui
Volume
32
Number
5
Pages
564-577
Language
english
Notes
Publication types: Journal Article
Publication Status: ppublish
Abstract
Legal uncertainty may hinder the effective implementation of public policies. Still, the political and legal dynamics that underpin its persistence are underexplored. This article proposes that legal uncertainty is more likely to persist in multi-level political and legal systems where actors with authority on the same issue hold different interpretations of rules. Also, it suggests that, under these conditions, actors can use legal uncertainty as an opportunity to advance their own interests. We illustrate this argument by investigating the legal uncertainty concerning EU citizens' access to social benefits in Germany. Through the analysis of social legislation and courts' rulings, the article shows that different interpretations of EU law by domestic actors hindered the possibilities of settling uncertainty: national courts of different levels used litigation processes and referrals to the Court of Justice of the European Union to advance their legal interpretations and the German government profited from the uncertainty to exclude EU citizens from social benefits.
Keywords
Management, Monitoring, Policy and Law, General Social Sciences, Court of Justice of the European Union, EU citizens, EU law, Legal uncertainty, national courts, social benefits
Pubmed
Web of science
Open Access
Yes
Funding(s)
Swiss National Science Foundation / 51NF40-182897
Create date
04/11/2022 16:40
Last modification date
27/02/2024 8:20
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