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1 avril 2015

CJEU: Advocate General backs restrictions on access to social benefits for EU citizens


Foto: CJEU: Advocate General backs restrictions on access to social benefits for EU citizens.


On 26 March, Advocate General Wathelet concluded that EU citizens who are in the territory of another Member State as jobseekers may be refused certain kinds of social benefits (Case C-67/14). Nevertheless, if the person has worked before in that Member State, the refusal of such benefits should not be applied automatically.

ERA’s “Annual Conference on European Social Security Law” on 21-22 May 2015 in Trier will discuss this and other topical issues in the field of social security law.

In his Opinion of last week, Advocate General Wathelet distinguished three different scenarios. In the first one he described the situation of the Dano case. An EU citizen who enters the territory of another Member State and stays less than three months or without the intention of seeking employment may be excluded from social assistance in order to protect the financial equilibrium of the social security system of that Member State. The same reasoning applies if the person enters the territory of the Member State to seek a job.

However, if the EU citizen seeking employment has entered the labour market of that Member State before, even if the person is no longer considered as a “worker”, the exclusion of social benefits should not be automatic. Otherwise, issues regarding the principle of equal treatment would arise.

Find more information about the conference programme here.
Read here the press release of the CJEU.


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