Picture of boy being examining by doctor at a tuberculosis sanatorium

Understanding our future through Open Access research about our past...

Strathprints makes available scholarly Open Access content by researchers in the Centre for the Social History of Health & Healthcare (CSHHH), based within the School of Humanities, and considered Scotland's leading centre for the history of health and medicine.

Research at CSHHH explores the modern world since 1800 in locations as diverse as the UK, Asia, Africa, North America, and Europe. Areas of specialism include contraception and sexuality; family health and medical services; occupational health and medicine; disability; the history of psychiatry; conflict and warfare; and, drugs, pharmaceuticals and intoxicants.

Explore the Open Access research of the Centre for the Social History of Health and Healthcare. Or explore all of Strathclyde's Open Access research...

Image: Heart of England NHS Foundation Trust. Wellcome Collection - CC-BY.

'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

[img]
Preview
Text (Zahn-ILJ-2015-Common-sense-or-a-threat-to-EU-integration-the-court-economically-inactive)
Zahn_ILJ_2015_Common_sense_or_a_threat_to_EU_integration_the_court_economically_inactive.pdf
Accepted Author Manuscript

Download (656kB) | Preview

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.