Judicial Review, the Right to Free Movement, and Access to Welfare in the EU and the US

Abstract This chapter provides a comparative legal analysis of how courts in the EU and the US have addressed internal migrants’ welfare access. While both systems once imposed residency-based restrictions, their judicial responses diverged. US courts progressively invalidated such barriers, invoking constitutional principles like equal protection and interstate commerce. Meanwhile, the Court of Justice of the European Union initially broadened EU citizens’ rights, only to later permit limitations for economically inactive migrants under the Citizenship Directive. Recent EU case law suggests a possible recalibration towards stronger protections, although inconsistencies persist. The chapter highlights how similar legal vocabularies have been interpreted in markedly different ways, with profound implications for social inclusion and citizenship.