Social citizenship as a marble cake: The changing pattern of right production and the role of the EU

Abstract

The launch of the European Pillar of Social Rights has reinvigorated the debate on the role that the European Union can exercise in the sphere of subjective rights. Such debate has traditionally focused on the limits of the current social acquis, considered unable to create fully-fledged European social citizenship, that ultimately remains limited to the right to reside and freely move within the EU and enjoy social rights as nationals. Conversely, this article argues that the gradual expansion of the EU’s social acquis has slowly but clearly started to disconnect social rights from their exclusive national foundations, leading to the emergence of a new marble cake pattern of right production, which to a large extent reproduces the trajectory of federal polities. To capture this development, this article proposes an original analytical framework to dissect the notion of social rights as bundles of power resources (normative, instrumental and enforcement), which enable individuals to claim and actually receive material benefits in order to cope with a codified array of risks and needs. By shifting the attention from the formal dimension (laws and their enforcement) to its concrete practice (access and outputs), our conception connects the concept of social citizenship more directly to what ultimately matters for life chances (individualised material benefits) as well as for the social and political bonds of a community (the rights-based claim and experience of social protection). In so doing, we move beyond the boundaries of the nation-state as the only producer of social entitlements and are able to appreciate the increasing relevance of the European Union as a provider of power resources and guarantor of policy outputs.