Free movement, the welfare state, and the European Union's over‐constitutionalization: Administrating contradictions
研究了欧盟法院判例如何扩大非活跃或边缘活跃欧盟公民的福利权利，给英国和德国的行政管理带来挑战，并分析了欧盟权力分立失衡和过度宪法化导致立法修正困难的问题。
The European Union ( EU ) has to reconcile free movement rights with national welfare states. Case law of the European Court of Justice ( ECJ ) has broadened rights to welfare of economically inactive or marginally active EU citizens. Applying the Court's jurisprudence, which is vague and specific at the same time, poses serious challenges for national administrations. Vague criteria for individual assessments have to be translated into mass procedures. And legislative corrections of the case law are often foreclosed given the EU ‘s skewed separation of powers and the over‐constitutionalization of European law, where crucial policy choices are taken by the Court's Treaty interpretation. We compare the British and the German approaches and show that ECJ case law impacts through different channels, but triggers similar challenges for national administrations.