The free movement of the poor : the legal implications of a political problem

Abstract

Ever since the right to move and reside freely within the Union was extended to economically inactive Union citizens, the fear that such citizens would migrate in order to benefit from the social assistance system of the host state has emerged. This concern for 'benefit tourism' has become so forceful that it has led some Member States, to push for reform of the current rules regarding the Union's citizens access of the host state social assistance system. This article examines the judgments of the Court of Justice of the European Union concerning the claims made by European citizens for social assistance in another Member State of which they are not nationals. It has been noted that, as opposed to older case law, the Court is more sensitive to Member State's recent political arguments which advocate against the conferment of such benefits. Yet, a difference in approach is noted depending on whether the EU citizen is a worker or a non-economically inactive individual. N.B. This article was finalized prior to the delivery of Case C-308/14 Commission vs. United Kingdom, dated 14 June 2016. It is for this reason that it has not been included in the article's text.