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

18 Pages Posted: 30 Jul 2018

See all articles by Magdaléna Svobodová

Magdaléna Svobodová

Charles University in Prague - Faculty of Law

Václav Šmejkal

Charles University Law Faculty

Date Written: July 17, 2018

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

Suggested Citation

Svobodová, Magdaléna and Šmejkal, Václav, ECJ's New Approach Towards Rights to Move, to Reside and to Get Social Assistance (July 17, 2018). Charles University in Prague Faculty of Law Research Paper No. 2018/II/3. Available at SSRN: https://ssrn.com/abstract=3215962 or http://dx.doi.org/10.2139/ssrn.3215962

Magdaléna Svobodová (Contact Author)

Charles University in Prague - Faculty of Law ( email )

Nam. Curieovych 7
Praha, 11640
Czech Republic

Václav Šmejkal

Charles University Law Faculty ( email )

Nam. Curieovych 7
Praha, 11640
Czech Republic

Register to save articles to
your library

Register

Paper statistics

Downloads
31
Abstract Views
203
PlumX Metrics