The right to social assistance for migrating union citizens

Ondertitel:a step forward in the case law of the Court of Justice this time: Court of Justice of the European Union (Grand Chamber), Jobcenter Krefeld v JD Case C-181/19, judgment of 6 October 2020, EU:C:2020:794

In the Jobcenter Krefeld v JD case, the Court of Justice of the European Union was, once again, confronted with the question under which conditions economically inactive migrating Union citizens are entitled to social assistance in the host country. In its judgment, the CJEU indicates that the restrictions laid down in secondary Union law in this respect and in Directive 2004/38 specifically, are to be interpreted strictly. Moreover, these restrictions cannot be applied to the right to equal treatment guaranteed by other instruments of Union law (such as Regulation 492/2011 on the free movement of workers). The CJEU also reaffirms the role of the Treaty. The discretion, as viewed by the Member States in earlier case law of the CJEU, to counter the so-called "benefit tourism", turns out to be more limited than anticipated. The distinction, however, between who is to be considered economically active and economically inactive remains unclear, even after this judgment. The same holds for the role of the level of integration in the host country when applying the principle of equal treatment.

Jaar van publicatie:2021

Trefwoorden:A1 Journal article

Toegankelijkheid:Open