European citizenship, introduced by the Treaty of Maastricht, has been held to be the “fundamental status of nationals of the Member States”. The body of rights attaching to the European citizen, as developed by the CJEU, challenges the territorial nature of national welfare models. The development of citizens’ rights has not been without controversy.

Recently the CJEU has indicated in Brey, Dano, Alimanovic and García-Nieto that there are limits to the rights of non-economically active union citizens. What are these limits and what are the implications of this case law? The seminar will also speculate in the outcome of the highly awaited Case C-308/14 COM v. UK which goes to the very core of the UK’s competence to limit the entitlement of non-UK nationals to welfare benefits - a hot issue in the run up to the Referendum.



15:00 – 15:10

Welcome and Introductory Remarks

Professor Ulf Bernitz, Stockholm University, Director of the Oxford/Stockholm Söderberg Venture in European Law

15:10 – 15:35

The Tensions Between the EU and the National Welfare States – Background and Recent Trends

Professor Ulla Neergaard, University of Copenhagen and Visiting Professor 2015-16 at St John’s College/Faculty of Law, University of Oxford

15:35 – 16:00

From Brey to Garcia Nieto and Beyond: Where do the Non-economically Active Now Stand?  

Professor Philippa Watson, Essex Court Chambers and City Law School London, Visiting Professor, Queen Mary, University of London

16:00 – 16:25

Bridge over Troubled Water:  Comments on the Interaction between Regulation 883/2004 and Directive 2004/38

Dr Jaan Paju, Stockholm University, Stockholm Centre Oxford Fellow 2015-2016

17:00 Drinks


The seminar is a joint venture between Institute of European and Comparative Law and the Oxford/Stockholm Söderberg Venture in European Law