The paper discusses the moral basis of EU law on welfare benefits, highlighting reciprocity implications for EU migrants.
Should all European Union (EU) citizens enjoy the same welfare benefits as nationals when they migrate within Europe? Which categories of EU migrants (workers, job-seekers and non-economically active ones) should be entitled to full equal treatment? I discuss reciprocity as a moral basis of EU law, extending White’s account of fair reciprocity to the supranational context of the EU. I suggest that the concept of workers in EU law should be reformed to account for a plurality of valuable contributions. I also discuss the implications of reciprocity in non-ideal conditions, arguing that EU migrants have a reduced contributive obligation when they face injustice in the host member state. The seriousness of such injustice may even imply lifting the contributive obligation entirely. The contributive obligation of non-economically active individuals is a duty to seek work, and I suggest it entitles them to limited equal treatment.
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Pietro Intropi (2026) studied this question.
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