Union citizenship, the Marshallian model and the protection of social rights

Abstract

This thesis seeks to examine whether Union citizenship protects social rights to the extent necessary for it to be legitimately be described as 'citizenship'. The research methodology is primarily a doctrinal one and places a strong emphasis on the analysis of primary materials such as case law, the Union treaties and secondary legislation, as well as relevant white papers, reports and policy documents. The thesis begins describing the Marshallian concept of citizenship, which is the basis for the definition of citizenship employed, and then outlines the role that social rights play within this model. Social rights are defined as covering two distinct areas: individual social entitlements protected in legislation and social rights values, which are protected within constitutions. It is argued that both are necessary for a legitimate model of citizenship.