To Reside: To Live, Be Present, Belong
| Author | Sara Stendahl |
| DOI | 10.1177/138826271601800208 |
| Published date | 01 June 2016 |
| Date | 01 June 2016 |
| Subject Matter | Article |
232 Intersentia
TO RESIDE: TO LIVE, BE PRESENT, BELONG
S S*
Abstract
e aim of this Special Issue i s to investigate the impact of free movement and
EUcitizenship on the laws that make up traditional residence-based social security
schemes at the national level. e contributions to the collection al low for comparative
re ections between countries and in relation to their dealings with a multi-level
normative spectrum. e character of the contrib utions, which are independent articles
on the given topic rather than country reports ba sed on similar methods and a common
battery of questions and conc epts, turn into an attractive invitation to re ect more
freely on details as well a s on the overall picture. In this article, I focus on two questions:
Are there, in con icts over free movement, any overarching trends, developments or
patterns in how ‘residence’ as a legal criterion i s deployed at the national level? And ,
what if anything do these insights te ll us about the status of solidarity and social ju stice
in Europe? In the analysis of the comparative results I turn to the work of Nancy Fraser
and end up arguing in favour of a strengthene d form of European social citizenship.
Keywords: social insurance; social justice; social protection; social rights; social
sustainabilit y; residence-based
1. INTRODUCTION
To investigate the systems and the criteria that have been established in order to
secure the basic liveli hood of people in social distress is, it could be argued, at least
at its core, a philosophical quest. How do we explain solidarity between people in a
soc iet y? How is so lid ari ty sh ape d or cr eate d? How do we expl ain its b oun dar ies o r lac k
of boundar ies?
From a legal perspective it is possible to analyse and scrutinise the di erent legal
constructs that establish the formalised distribut ion and redistribution of resources
that are at the core of most human societ ies. rough law, mechanisms are est ablished
that manifest the normative positions of any given society, o en, admittedly, in a
* Professor of Public Law i n the Depart ment of Law, School of Business, E conomics and Law,
Gothenberg Univers ity. Address: Vasagatan 1, 4 0530 Göteborg, Sweden; phone: Phone : +46 31
7861525, email: sara.stendahl@law.gu.se.
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