Charlotte O'Brien: Unity in Adversity: Eu Citizenship, Social Justice and the Cautionary Tale of the UK
| Date | 01 December 2019 |
| Author | Naomi Creutzfeldt |
| DOI | http://doi.org/10.1111/jols.12198 |
| Published date | 01 December 2019 |
Winner of the SLSA Hart Book Prize 2019
UNITY IN ADVERSITY: EU CITIZENSHIP, SOCIAL JUSTICE AND THE
CAUTIONARY TALE OF THE UK by CHARLOTTE O'BRIEN
(Oxford: Hart, 2017, 304 pp., £50.00)
O'Brien starts her very well-written book with a powerful argument: the EU
is inadequate to deliver social justice. Her study finds that `market citizen-
ship endorses a system of law-as-lists, rather than law-as-justice, in which
EU nationals must conform to anachronistic and patriarchal economic
categories on a list.' These patterns, she argues, exclude those who do not
serve the market economy (for example, children, lone parents, carers,
disabled people, and poorly paid and exploited workers). With a focus on
welfare rights, O'Brien claims that the EU and its welfare law is a mirror of
the single market ± it is indifferent to social justice principles. Economic
categories are at the forefront of `Directive 2004/38 and therefore absolves
member states from having to engage in questions of social justice when
dealing with EU nationals.' Market citizenship, she goes on to argue,
therefore is guided by existing discriminatory power imbalances and
indifferent to social justice. O'Brien uses the United Kingdom as her case
study and shows that reforms made in 2014, targeting EU nationals `form a
programme of declaratory discrimination on the grounds of nationality.'
Through a persuasive account of case law throughout her book, O'Brien
argues that EU market citizenship created an exclusion.
This book draws upon the findings of the EU Rights Project ± a legal
action project funded by the ESRC. O'Brien tested EU law and EU
citizenship in action through a robust socio-legal inquiry. She conducted an
advice-led ethnography; parallel ethnography; expert interviews; and focus
groups with advisers. The case studies chosen highlighted that equal treat-
ment on the grounds of nationality is an illusion. She found that, amongst
other things, administrative obstacles (poor decision-maker understanding,
problematic decision-maker guidance, and a `refuse first, ask questions later'
approach) seemed to be exacerbated by ongoing legal reforms.
The book is organized on the premise that welfare, social justice, and
citizenship are inextricable interlinked. It is made up of ten chapters. Chapter
2 discusses EU welfare law and sets out the research methods (legal action
research). Chapter 3 discusses direct discrimination by way of a case-law
narrative on the grounds of nationality in domestic welfare regimes. Chapter
4 argues for giving children's rights more weight in free EU movement law.
Chapter 5 highlights how individualism and an associated political agenda is
chosen over a focus on the activation agenda. Chapter 6 analyses the regime
imposed on EU nationals in the United Kingdom, considering equal treat-
ment claims. Chapter 7 looks at the problems accompanying attempts to
invoke social security regulation legislation. Chapter 8 highlights admini-
strative hurdles encountered during the EU Rights Project. Whilst O'Brien
697
ß2019 The Author. Journal of Law and Society ß2019 Cardiff University Law School
To continue reading
Request your trial