Advocate General Wathelet says Germany's exclusion of benefits to migrants is compatible with EU law
As David Cameron seeks to limit access to benefits for EU migrants, the European Court of Justice's Advocate General Wathelet said in an opinion yesterday that EU migrants can be excluded from receiving social benefits during the first three months in another Member State.
EIN members can read the opinion here.
The case concerns the situation of an EU citizen who, during the first three months of his residence in Germany, was not a worker or self-employed person and who accordingly had no entitlement to the German basic benefits during that period.
Advocate General Wathelet found that the exclusion from receiving benefits is compatible with EU law and is consistent with the objective of maintaining the financial equilibrium of the social security system of Member States pursued by Directive 2004/38.
Otherwise, Wathelet said, granting entitlement to social assistance could result in relocation en masse of EU citizens and create an unreasonable burden on national social security systems.
The Court ruled last year in the case of Dano that Member States may exclude the entitlement to social assistance of EU citizens who arrive in their territory without intending to find a job.
David Cameron is seeking to prevent EU migrants from claiming any job-seeking benefits at all, and wants those claiming in-work benefits, such as tax credits and child benefit, to not be able to claim until they have worked in the UK for four years.
For the Telegraph, yesterday's opinion was a "boost" for Cameron, while Lib Dem MEP Catherine Bearder told the BBC that it shows the UK "can reform unemployment benefits for EU migrants without having to change a single EU law."
A Downing Street source told the Express that the opinion was a "step in the right direction" but downplayed its significance.
"At least the court is conceding the principle that migrants cannot simply turn up in Britain and expect to claim benefits. This is a step in the right direction, although we want to see a longer time limit," the Government source said.
Migration Watch told the Express that yesterday's opinion was "a very clear indication" that Cameron faces an uphill struggle in getting his reforms from the EU.