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Fair reciprocity and EU law
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DOI：10.1177/00323217261470674.png)
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Abstract
En 中文
<jats:p>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.</jats:p>