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Unpublished Paper
A2 self-employed workers and social welfare rights - Solovastru v Minister for Social and Family Affairs
(2011)
Abstract
This note examines the recent decision of the Irish High Court in Solovastru v Minister for Social and Family Affairs. The case concerned the rights of a Romanian migrant worker to benefits under the Irish social welfare scheme and, in particular, (i) whether a person who requires a work permit to take up employment can be considered to be ‘available for work’; and (ii) whether the applicant was habitually resident in Ireland. This, in turn, raised the issue as to whether, under EU law, a self-employed person retains a right to reside under Article 7 of Directive 2004/38/EC in the event on involuntary unemployment.
Keywords
- Migrant worker,
- access to social security,
- available for work,
- habitual residence,
- right to reside
Disciplines
Publication Date
September, 2011
Citation Information
Mel Cousins. "A2 self-employed workers and social welfare rights - Solovastru v Minister for Social and Family Affairs" (2011) Available at: http://works.bepress.com/mel_cousins/18/