three - Shades of citizenship: the legal status of retirement migrants

Summary

Introduction

We have already referred, in the context of our discussion about Community citizenship, to the existence of status differentiation. This chapter outlines the evolution of social and residency rights under the free movement of persons’ provisions to detail the hierarchy of entitlement that exists under Community law and the importance of contribution to the citizenship status of retired migrants. It begins with a study of the provisions and the personal and material entitlement of different groups of post-retirement migrants.

‘Citizenship of the Union’, as Article 17 suggests, does not replace national citizenship but rather ‘complements it’. In that context, formal citizenship status reflects not only Community law but also the specific benefits deriving from national citizenship (which vary considerably between member states, not only in a substantive sense but also, importantly, in terms of their transportability). The contribution of national citizenship as a fundamental source of social entitlement is of particular importance given the diversity in domestic welfare systems and the fact that non-discrimination remains the basis of welfare claims in the host state.

As a piece of socio-legal research this level of analysis takes us only a part of the way, however. Having outlined the forms of status differentiation institutionalised in Community law, the discussion turns to consider the articulation of formal legal status with other forms of social status and social processes to shape citizenship outcomes. As such, it recognises both the tension between the static and fixed nature of legal categories and the sheer complexity and fluidity of social life and human relationships, as well as the role of agency in shaping the effect of the law. As the empirical findings suggest, individuals do not respond in a passive or predictable and uniform way to legal scenarios, but rather engage with them at different levels. Individuals may effectively ‘manage’ or negotiate citizenship portfolios specific to their own and their family's needs. The determinative effect of the law and the ability to execute this form of ‘rights management’ thus reflects differential awareness and access to cultural, social and economic resources. The second part of the chapter accordingly examines the role of agency in shaping citizenship experience and the potential for differential outcomes (and social divisions) based on the articulation of Community rights with national rights and other forms of status.