Enforcer of European Social Rights or Defender of National Welfare Systems? The National Judiciary and its Role in the Europeanisation of Welfare Rights

In its case law on free movement of EU citizens the Court of Justice of the European Union (CJEU) has broadened the cross-border access to national welfare systems, especially to non-economically active persons. While this case law itself is much discussed – either praised as strengthening Europe’s social dimension or condemned as undermining the national welfare state – little is known about its actual impact on member states’ welfare systems. Therefore, this paper traces the domestic responses to this case law in Germany and the UK, focusing in particular on the reactions of the judicial branch which is expected – along previous research – to play a decisive role in determining the domestic impact of EU case law. However, given the dissimilar nature of the two legal systems under observation, namely a common law vis-à-vis a civil law system, we expect diverging roles of the respective judiciaries.