Setting out the boundaries of jobseekers’ residence status and beyond: Case C-710/19 G.M.A. v État belge

Abstract

This contribution examines the judgment of the Court of Justice of the European Union delivered in Case C-710/19 G.M.A. v État belge. It is argued that this ruling brings some degree of certainty and transparency to the nature and extent of residence rights guaranteed to jobseekers, considering the fragmented and dispersed outline of their status within the framework of Directive 2004/38. G.M.A. v État belge can also be viewed as a possible catalyst for recasting Directive 2004/38 to provide a clear and systematic layout of jobseekers’ residence status in host Member States. However, it is questionable whether this would, in fact, provide an enhanced protection of jobseekers, since this ruling to suggests that the Court's methodology to ascertain the residence rights of Union citizens varies based on the explicit wording of Union secondary law.