By Ilgin Karlidag
BRUSSELS
EU member states hosting nationals from other member states do not have to provide them with social assistance, the European Court of Justice in Luxembourg said in a statement released Tuesday.
The court’s decision is based on a case in Germany that could serve as a legal precedent to many other cases in the European Union.
A Romanian woman and her son living in Germany were denied a non-contributory subsistence allowance from its social security system, a benefit which is only provided to jobseekers. The woman, who is not actively seeking work, already receives child benefits in Germany. But the courts denied her access to aid for basic living requirements.
The court’s directive aims at preventing economically inactive EU citizens from 'benefit tourism,' that is, from moving to another member states where it is easier to obtain benefits.
The Court of Justice pointed out that the host member state is not obliged to grant social assistance during the first three months of residence. If a person stays longer than three months, then their right to residence in a host member state will be given if they have sufficient resources of their own. The defendant did not have such resources.
The freedom of movement principle, which allows EU citizens to live and work in other member states, does not prevent member states from excluding migrants from benefits given to their own citizens.
The European Commission – EU’s executive body – has stressed that the freedom of movement principle is about the right of EU citizens to circulate, not to claim unrestricted benefits.
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