'Common sense' or a threat to EU integration? The court, economically inactive EU citizens and social benefits

Zahn, Rebecca (2015) 'Common sense' or a threat to EU integration? The court, economically inactive EU citizens and social benefits. Industrial Law Journal, 44 (4). pp. 573-585. ISSN 0305-9332 (https://doi.org/10.1093/indlaw/dwv031)

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Abstract

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 therefore 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-contributory 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.

ORCID iDs

Zahn, Rebecca ORCID logoORCID: https://orcid.org/0000-0001-9378-5772;
  • Item type:Article
    ID code:54477
    Dates:
    Date
    Event
    1 December 2015
    Published
    27 October 2015
    Published Online
    6 October 2015
    Accepted
    Notes:This is a pre-copyedited, author-produced PDF of an article accepted for publication in Industrial Law Journal following peer review. The version of recordZahn, R. (2015). 'Common sense' or a threat to EU integration? The court, economically inactive EU citizens and social benefits. Industrial Law Journal is available online at: https://dx.doi.org/10.1093/indlaw/dwv031
    Subjects:Political Science > International law
    Department:Faculty of Humanities and Social Sciences (HaSS) > Strathclyde Law School > Law
    Depositing user: Pure Administrator
    Date deposited:06 Oct 2015 10:07
    Last modified:14 Nov 2024 01:08
    Related URLs:
    URI:https://strathprints.strath.ac.uk/id/eprint/54477
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