EU Free Movement Of Persons And Member States’ Solidarity Systems: Searching For A Balance

Abstract

This chapter demonstrates the balance that has been struck between the free movement rights, those of economically inactive persons included, and the Member States' interest in limiting access to their solidarity systems. The author comments on the recent developments in the ECJ's case law towards a broad interpretation of the notion of 'worker', as a result of which some categories of inactive persons are considered to be workers as well, and on the effect this has with regard to access to social benefits for these 'workers' and the members of their family. The chapter focuses on the consequences of this financial responsibility in relation to the application of Directive 2004/38 on the right of residence. The author comments on the effect the ECJ's recent case law, based on the notion of European citizenship, has on economically inactive EU citizens' entitlement to social minimum benefits when they move within the EU. Keywords: ECJ; EU citizens; free movement; Member States