Fixed laws, fluid lives: the citizenship status of post-retirement migrants in the European Union

Ackers, L; Dwyer, PJ

Abstract

This paper presents key findings of a recently completed socio-legal study of
international retirement migration in the European Union (EU).1 It highlights the
diverse nature of retirement migration and the differential citizenship status that
is formally granted to various groups of retired migrants. ‘Citizenship of the
European Union’ (Articles 17–22 of the Treaty establishing the European Community)
bestows important social and political rights on nationals of EU Member
States (‘Community nationals ’). These rights are not, however, universal or based
on nationality as such. In practice, the residency and social rights that a mobile
EU national can claim in another Member State depend on the type of social
contribution they have made and their personal relationships. Contributions
through paid employment and/or membership of the family of a mobile EU
worker gives rise to maximum social benefit. Whilst the European Union citizenship
provisions extend residency rights to all EU nationals (irrespective of
work status), those whose mobility is not connected to employment derive significantly
inferior social entitlements when resident in a host Member State. Put
simply, the rights of people (and members of their family) who move following
retirement in their home country differ substantially from those who retire following
a period of working in another Member State (and achieve the status
of ‘community migrant worker’ prior to retirement). This formal ‘ discrimination
’ is further compounded by the diversity of the social welfare systems of the
member states that results in distinct social, economic and spatial inequalities
across the EU. To that extent, the ‘choice’ of retirement location significantly
impacts on citizenship status. However, retired migrants are not merely passive
spectators of formal rights and policies. Many show considerable skill in actively
managing their rights (at both national and EU levels) and other resources to
optimise personal benefit. This ability to maximise wellbeing is unevenly distributed.

Citation

Ackers, L., & Dwyer, P. (2004). Fixed laws, fluid lives: the citizenship status of post-retirement migrants in the European Union. Ageing and society, 24(3), 451-475. https://doi.org/10.1017/S0144686X0300165X

• Journal Article Type: Article
• Publication Date: Jan 1, 2004
• Deposit Date: Jan 17, 2011
• Publicly Available Date: Apr 5, 2016
• Journal: Ageing and Society
• Print ISSN: 0144-686X
• Publisher: Cambridge University Press (CUP)
• Peer Reviewed: Peer Reviewed
• Volume: 24
• Issue: 3
• Pages: 451-475
• DOI: https://doi.org/10.1017/S0144686X0300165X
• Keywords: European Union, retirement, migration, citizenship, welfare; rights
• Publisher URL: http://dx.doi.org/10.1017/S0144686X0300165X