Tagged: Directive 2004/38/EC

Had they only worked one month longer! An Analysis of the Alimanovic Case [2015] C-67/14

By Dion Kramer

In November 2014 the Dano judgment attracted unusual public attention, not least because of its importance for UK Prime-Minister David Cameron’s campaign against the phenomenon of ‘welfare tourism’. Although political and administrative attention has been redirected towards the mounting refugee crisis, scholars, administrators and some politicians have been eagerly awaiting the CJEU’s Alimanovic judgment in the sensitive field of EU citizens’ right to equal treatment as regards access to national welfare benefits. Dano made clear that Member States may reject claims to social assistance by EU citizens who have no intention to work and cannot support themselves. Alimanovic gave the Court the opportunity to clarify the application of this principle in the more complicated factual situation of an EU citizen who applies for social benefits after having worked for 11 months. In its bid to contribute to ‘legal certainty’ and ‘transparency’, Member States will for sure welcome the Court’s judgment, but the legacy of Brey still complicates the desired carte blanche for national authorities to refuse any claim to social assistance by indigent EU citizens. Continue reading

Dependent family members in EU free movement law: Comment on Reyes

By Georgios Milios

On 16 January 2014, the CJEU ruled on case Reyes regarding dependent family members in the EU free movement law. The Court was asked to consider whether a family member of an EU/EEA citizen can be required to have unsuccessfully searched for employment in the country of origin in order to be regarded as a ‘dependant’ and whether for the interpretation of the same notion any importance should be attached to the intention of the family member to find employment in the host Member State.

In its judgment, the Court stated that family members cannot be required to prove that they have searched for a job in the country of origin and that whether they will eventually manage to find employment in the host Member State is an irrelevant factor with regards to the interpretation of ‘dependant’. The judgment is useful as it complements the previous jurisprudence of the Court regarding this issue and adds further details on the notion of dependence which is particularly important in the field of immigration law.

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Prison time and EU Citizenship: Cases Onuekwere (C-378/12) and M.G. (C-400/12)

Two recent cases dealt with the question whether periods of imprisonment must be taken into account for the calculation of periods of residence under the Citizenship Directive. The cases are interesting for European citizenship law, as they provide further insight into what the ‘fundamental status’ of EU citizenship entails. In particular, the cases are interesting because the Court was required to meander between a more republican reading of citizenship (rights need to be earned) and a liberal reading of citizenship: rights are granted to all citizens even if they are no model citizens.    Continue reading

President is not (primus inter) pares among ‘his’ own EU-citizens, since he is not equal to them

On 16 October 2012, the CJEU delivered its Grand Chamber judgment in the infringement procedure (Case C-364/10 Hungary v Slovakia) which was initiated by Hungary against Slovakia for refusing the Hungarian President entry into Slovakian territory. It is already quite rare that Member States initiate infringement procedures against each other. Normally the Commission takes up this task, as guardian of the Treaties, but it refused to do so in this case.

Mr Sólyom, the President of Hungary, was invited to a ceremony for the inauguration of a statue of Saint Stephen of Hungary (a Medieval Hungarian King) in the Slovakian town of Komárno. The ceremony was planned for 21 August 2009. 21 August is a sensitive date in Slovakia, since Warsaw Pact troops, among which were Hungarians, invaded Czechoslovakia on 21 August 1968. Therefore, Slovakian authorities found the planned visit inappropriate.

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Case C‑83/11: Secretary of State for the Home Department v Muhammad Sazzadur Rahman and others

This period around the end of summer breaks is probably a busy time for everyone, so I will keep it short; as always, readers of this blog are very much welcome to point out and discuss some points in more detail in the comments if so desired. In this case, the Court was asked about the content of the obligation to ‘facilitate’, in accordance with national legislation, entry and residence for ‘any other family members’ (set out in Article 3(2) of Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely) who are dependants of a Union citizen. For this wider circle of ‘other family members’ (as opposed to the narrow circle of family members set out in Article 2 (2) of the Directive), Member States enjoy a broader margin of discretion and do not have to grant an ‘automatic’ right of entry and residence (para 20). The Court also clarified some matters on the situation of dependence that must be given for such a family member under Article 3 (2), but I’ll focus on the first point for the purpose of this post.  Continue reading