chapter  6
8 Pages

Remarks on the Legal and Political Status of EU Citizenship

ByJoakim Nergelius

The benefit was introduced in 2002 and was granted to ethnic Danes as well as immigrants and refugees. However, other COE Member States such as Greece and Turkey offer their refugees and immigrants much poorer social protection. Nevertheless, it was heavily criticized from the beginning by the political opposition, NGOs and legal experts on refugee law and human rights, and a case about the compatibility of the start aid with fundamental rights was brought before the court. The European Social Charter (ESC) has remained a relatively unnoticed human rights instrument. However, it seems surprising that the Supreme Court makes no mention of its existence at all as the complainant explicitly referred to the Charter. Denmark is in fact obliged to report to the European Committee of Social Rights, which monitors compliance with the Charter. The Conclusions of the European Committee of Social Rights are not binding, and Denmark has ignored the Conclusions of the Committee since 2004.