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Article
Social assistance and the right to reside at the European Court of Justice – Dano v Jobcenter Leipzig
Journal of Social Security Law (2015)
  • Mel Cousins
Abstract
This case involves an important decision of the Grand Chamber of the Court of Justice of the EU (CJEU) in relation to when Member States may refuse benefits to non-nationals who do not have a right of residence under EU law. The Court held that Article 24(1) of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States and Article 4 of Regulation No 883/2004 did not preclude a national law under which nationals of other Member States are excluded from entitlement to certain ‘special non-contributory cash benefits’ under Regulation 883/2004 on the coordination of social security systems, although those benefits are granted to nationals of the host Member State in the same situation, in so far as those nationals of other Member States do not have a right of residence under Directive 2004/38 in the host Member State.
Keywords
  • Subsistence benefits,
  • jobseekers benefits,
  • special non-contributory benefit,
  • right of residence
Publication Date
2015
Citation Information
Mel Cousins. "Social assistance and the right to reside at the European Court of Justice – Dano v Jobcenter Leipzig" Journal of Social Security Law Vol. 22 Iss. 2 (2015)
Available at: http://works.bepress.com/mel_cousins/84/