European integration, and especially the European Court of Justice, has challenged the national character of social rights; the latter have become increasingly transnational. This contribution examines the impact of the Court at the street level. It analyses how Member State administrations handle the social rights of mobile EU citizens in practice in case they are granted discretion. Therefore, a framework of shades of compliance is developed that captures Member State responses to EU law beyond the dichotomy of compliance and non-compliance. I argue that Member State administrations tend to make the access to social benefits difficult. Still, there may be differences in the shade of compliance on the ground. Surprisingly, these differences cannot be explained by the party-political environment but depend to a high degree on exposedness. The claim is empirically supported by a comparative study of Austrian welfare (and migration) administrations' practices.
Systematik der Wissenschaftszweige 2012
- 506 Politikwissenschaften