ECJ's New Approach Towards Rights to Move, to Reside and to Get Social Assistance

Abstract

The aim of the following article is to find whether the ECJ has reacted in its recent rulings to the growing reluctance of many Europeans and their political representations towards quasi-automatic rights of migrating of EU citizens to move to another Member State and enjoy there the benefits of social policy on equal footing with this country´s national. The authors analyse recent case-law of the ECJ in comparison with its earlier case-law regarding access of Union citizens to social assistance and status of third country nationals as family members of EU citizens. The authors come to the conclusion that so far, the ECJ tightened the interpretation of the EU law in force in the area of welfare tourists’ rights unlike in case of economically active migrants. When it comes to third country nationals as family members of Union citizens, their status it is not only confirmed but even extended.

Keywords: Court of Justice of the EU, welfare tourism, access to social assistance, third country nationals, right of residence, Directive 2004/38