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Stamatia Devetzi

Abstract

The Dano and Alimanovic decisions of the ECJ have triggered various developments in German social security law and (social) court jurisprudence. While the German courts’ rulings regarding the rights of non-active EU migrants still vary, the legislator has moved towards excluding more EU citizens from receiving non-contributory benefits. In the aftermath of Dano and, more specifically, Alimanovic, the provisions of Book II of the German Social Code were revised at the end of 2016. The new rules not only ‘confirm’ the ECJ-decisions, but also go beyond, as far as to exclude EU migrants who have residence rights according to Reg. (EU) No. 492/2011.

This article discusses these recent developments. It focuses on the ECJ-case law regarding Art. 10 of Reg. (EU) No. 492/2011 (former Art. 12 of Reg. 1612/68), in particular the Ibrahim and Teixeira rulings. Which residence rights do prevail—those according to Dir. 2004/38/EC or those based on Reg. (EU) No. 492/2011? It is argued that a new discussion on the interrelation between Dir. 2004/38/EC and Reg. (EU) No. 492/2011—an aspect ignored by the German legislator—is emerging: What started as a restriction of access to national welfare for economically non-active persons has obviously reached the ‘economically active’ (= workers) as well. The German example shows that Member States may be testing which other residence rights—in addition to those for short stays and job searches—might be valid before the ECJ ‘as residence rights without social rights’.

Anthony Valcke

Abstract

The purpose of this article is to investigate how EU citizens’ free movement rights are applied and enforced in practice and determine whether the situation on the ground demonstrates the existence of a so-called ‘implementation gap’ involving a disconnect between, on the one hand, how the EU free movement rules are intended to operate and, on the other, their application in practice at the national level. Drawing upon a multitude of sources from Belgium, Ireland, Italy, France, Sweden and the UK, an exploration is undertaken of the ways in which this ‘implementation gap’ manifests itself through a review of the various instances where Member States have sought to restrict the exercise of free movement rights through the adoption of national measures relating to the transposition, application and enforcement of Directive 2004/38 on residence rights.

Sandra Mantu and Paul Minderhoud

Abstract

This article examines the links between residence and social rights in the context of EU citizens’ mobility. It builds on national replies to a questionnaire concerning the implementation and application of Directive 2004/38 at the national level. Our focus is on how the EU28 are implementing the provisions on social assistance for economically inactive EU citizens, including five relevant European Court of Justice (ECJ) judgments in this area (Brey, Dano, Alimanovic, Garcia-Nieto and Commission v UK) and the provisions on permanent residence status. Based on the national replies we argue that asking for social benefits becomes a first step towards being considered by the administration as an unreasonable burden, which leads to the termination of EU residence rights. Our analysis shows that asserting and maintaining residence rights under Articles 7 and 16 of Directive 2004/38 is becoming problematic for certain categories of EU citizens and linked with the more restrictive position taken by some Member States in relation to accessing their national social assistance systems.

Bernard Ryan

Abstract

This article examines the case-law of the Court of Justice concerning security of residence for EU citizens and family members under Directive 2004/38. The relevant provisions of the Directive confer a right of permanent residence, and enhanced protection against expulsion, upon longer-term residents. It is argued that, in interpreting these provisions from 2006 onwards, the Court of Justice adopted a discourse which conceived of the rights as dependent on an individual’s social integration. The initial effect of the Court’s ‘turn’ to integration was benign, as it supported the retrospective extension of permanent residence, and ensured the efficacy of enhanced protection against expulsion. Later, however, the Court would treat integration as a precondition, in ways which would limit the rights of long-term residents who were not economically active or self-sufficient, or who had been sentenced to periods of imprisonment. That Court’s integration discourse was presumably influenced by developments in policy concerning third-country nationals at the state level which had linked immigration status to integration tests. The result was a selective approach to security of residence, which tended to deny protection to persons whose presence was unlikely to be favoured by Member States.

Majid Daneshgar

This essay will explore how the intellects of both scholars and their audiences are censored. In addition to various Western thinkers, particular attention will be paid to Ali Shari'ati, one of the most influential thinkers of modern Iran, and how he represented an important Islamic tradition. Not only did his ideas inspire revolutionary acts by generations of Iranians, but Turkish, Arab, Malay, Indonesian, and Indian philosophers, sociologists, theologians, and politicians have all employed his definitions of concepts such as justice, injustice, revolution, corruption, and bliss. This article sheds light both on how intellectuals influence their audience, and their long-term impact on broader communities. In order to do so, it will analyze the material and political conditions that censor both what scholars are able to say, and what their audiences are allowed to hear.

Reem Doukmak

Reem Doukmak was born in Syria and studied English literature at al-Baath University. In 2007 she completed her Master’s degree at the University of Warwick. With the help of cara she continued her studies at Warwick where she is now starting her academic career. Her work investigates how the right pedagogic interventions can help children in refugee camps. The use of drama plays a key role in her research and feeds into broader questions surrounding self-representation and agency. These are among the vital issues The Journal of Interrupted Studies has also sought to explore. We were lucky to engage Reem on her research and its implications for addressing the problematic discourses that surround refugees and yet neglect to include their voice.

Nasser Karami

Due to its widespread political and social consequences, the relationship between drought and climate change in the Middle East has been widely reported on by the media. Climate change is mainly understood within the paradigm: “prolonged drought is created and intensified by global warming.” The purpose of the study is to review this paradigm and examine aspects of it. Thus, climate trends in the Middle East are studied across three periods: 1900–1970, 1970–2000, and 2000–2017. Due to the importance of studying sequences of drought occurrence based on timescales of climatic patterns, the climatic trends of the Khuzestan Plain, were examined too. The results show that to have a clear understanding of both the modality of climate change in the Middle East and the current dominant paradigm, predominant assumptions of the paradigm should be reconsidered. For example, prolonged droughts are part of the natural pattern of climate in the Middle East, although the current drought has not been recorded for at least 100 years. This claim is based on the fact that prolonged droughts in this region can have natural causes, which can be studied as long-term climate trends, although the impact of global warming on the escalation of the Middle Eastern drought is undeniable. However, the exacerbating effect of non-anthropogenic factors on the impact of drought in the region should be studied, too. Additionally, as an epistemological assumption, the term “drying up” (as a new normal and permanent climatic pattern) should be used instead of “drought” (as a normal and reversible pattern) to determine the current climate change situation in the Middle East. The author concludes that the findings emphasize the need for further research in order to identify the modality of climate change in the Middle East.

Abdul Awal Khan

It is estimated that between 2008 and 2014, 4.7 million people were displaced due to natural disasters in Bangladesh and that by 2050, one in every seven people in Bangladesh will be displaced by climate change. The subject matter of this paper is based on a theoretical analysis of various existing social and legal barriers relating to climate displacement in Bangladesh. This article critically analyses the social and legal barriers to helping Climate Change Displaced People (cdp) by drawing on existing legal literature such as the Bangladeshi constitution and qualitative data from Bangladesh’s experience with cdp. Ultimately, this article corroborates the lack of a coherent human rights framework for cdp in Bangladesh and suggests international cooperation as a first step towards a functioning regime.