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‘Common Sense’ or a Threat to EU Integration? The Court, Economically Inactive EU Citizens and Social Benefits

‘Common Sense’ or a Threat to EU Integration? The Court, Economically Inactive EU Citizens and... Industrial Law Journal, Vol. 44, No. 4, December 2015 © The Author(s) 2015. Published by Oxford University Press on behalf of Industrial Law Society. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com EUROPEAN DEVELOPMENTS ‘Common Sense’ or a Threat to EU Integration? The Court, Economically Inactive EU Citizens and Social Benefits 1. INTRODUCTION In Elisabeta Dano, Florian Dano v Jobcenter Leipzig, the Court of Justice of the European Union (CJEU) ruled that an economically inactive European Union (EU) citizen who does not have sufficient resources to support herself and there- December fore does not fulfil the requirements set out in Article 7(1)(b) of Directive 2004/38 for legal residence was not entitled to equal treatment with nationals of the host Member State. As a result, such citizens could be denied access to non-contribu- tory social benefits. In determining whether individuals have sufficient resources to support themselves, national authorities must take individual circumstances into account. The CJEU justified its decision by recognising that Member States must be allowed to prevent Union citizens from becoming ‘a burden on the social assistance system’ of the host State. The case, which was referred to the CJEU by a German Social Court (Sozialgericht Leipzig), comes at http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Industrial Law Journal Oxford University Press

‘Common Sense’ or a Threat to EU Integration? The Court, Economically Inactive EU Citizens and Social Benefits

Zahn, Rebecca
Industrial Law Journal , Volume 44 (4): 13 – Dec 1, 2015
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Publisher
Oxford University Press
Copyright
© The Author(s) 2015. Published by Oxford University Press on behalf of Industrial Law Society. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com
ISSN
0305-9332
eISSN
1464-3669
DOI
10.1093/indlaw/dwv031
Publisher site
See Article on Publisher Site

Abstract

Industrial Law Journal, Vol. 44, No. 4, December 2015 © The Author(s) 2015. Published by Oxford University Press on behalf of Industrial Law Society. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com EUROPEAN DEVELOPMENTS ‘Common Sense’ or a Threat to EU Integration? The Court, Economically Inactive EU Citizens and Social Benefits 1. INTRODUCTION In Elisabeta Dano, Florian Dano v Jobcenter Leipzig, the Court of Justice of the European Union (CJEU) ruled that an economically inactive European Union (EU) citizen who does not have sufficient resources to support herself and there- December fore does not fulfil the requirements set out in Article 7(1)(b) of Directive 2004/38 for legal residence was not entitled to equal treatment with nationals of the host Member State. As a result, such citizens could be denied access to non-contribu- tory social benefits. In determining whether individuals have sufficient resources to support themselves, national authorities must take individual circumstances into account. The CJEU justified its decision by recognising that Member States must be allowed to prevent Union citizens from becoming ‘a burden on the social assistance system’ of the host State. The case, which was referred to the CJEU by a German Social Court (Sozialgericht Leipzig), comes at

Journal

Industrial Law Journal – Oxford University Press

Published: Dec 1, 2015

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