|Location||Call number||Copy number||Status||Date due|
|Sala B : Armadio Tesi||THS_2015 305.42 P1879 (Browse shelf)||1||Available|
|Sala B : Armadio Tesi||THS_2015 305.42 P1879 (Browse shelf)||2||Available|
Tesi di diploma (corsi di laurea a ciclo unico) per la Classe delle Lettere e delle Scienze Sociali Diploma (corsi di laurea a ciclo unico) Scuola Superiore di Catania, Catania, Italy 2015 A.A. 2014/2015
Includes bibliographical references (p. 82-90).
Legal values and hermeneutic virtues -- European models of solidarity.
Tesi discussa il 14/12/2015.
The aim of this work is to explore the transnational space of social solidarity arising from the challenges launched by Union citizenship to the underpinning economic paradigm of migration by virtue of the far-reaching principle of equal treatment.
In the first section, it will be assessed - through a bundle of legal and hermeneutical tools governing the social coverage of economically inactive citizens - the coherence and the construction of the normative sources even in terms of mutual interference. The basically analytical approach will turn to examine the stances of the Court of Justice on the issue (including the more recent judgments Dano and Alimannovic), showing a noteworthy retreat of its earlier ambitious vision of social citizenship. In the second part, instead, the work adopts a more conceptual approach, bound to the holistic dimension of European social citizenship: after having dwelt on the theoretical foundations of citizenship, an inquiry as to what extent the latter can act as a social glue in a system of multilayered and nesting identities is conducted. In this regard, within the paradigm of denationalisation vis-a-vis deterritorialisation, the study further depicts two models of social solidarity, the residence-based and the integration model, struggling with their incapacity to transcend the dynamics of social integration which are inherent to the notion of national citizenship and which then diminish the potential meaning of Union citizenship (as strengthened even by the discussed notion of real link). Finally, the work would demonstrate the existence of a two-speed solidarity regime, arising from the cleavage (at any rate theoretical) between citizens relying on the conflation of Treaty provisions, more likely to be subjected to the proportionality test and citizens fallen within the scope of Regulation 883/2004, straightforwardly covered. Moreover, it claims that the extension of the personal scope of the Regulation, encompassing non-contributory social security benefits, circumvents in practice the expressed exclusion of social assistance from its scope of application, given that - albeit formalistic qualification - both the regimes are financed out by the general taxation.