Job-seekers have a Right of Residence but no Access to Social Assistance Benefits under Directive 2004/38: Case C-67/14 Alimanvoic, EU:C:2015:597
| Published date | 01 April 2016 |
| Date | 01 April 2016 |
| DOI | 10.1177/1023263X1602300214 |
| Subject Matter | Case Notes |
342 23 MJ 2 (2016)
JOBSEEKERS HAVE A RIGHT OF RESIDENCE
BUT NO ACCESS TO SOCIAL ASSISTANCE
BENEFITS UNDER DIRECTIVE 2004/38
P M*
§1. IN TRODUC TION
is judgment of the Court of Justic e of the EU (CJEU) clari es when Member States can
limit a ccess to soci al bene ts for EU nationals who are not or who are no longer engaged
in employment. e judgment is important because it sets out a course which diverges
from some of the Court’s earlier case law. It also provides an interpretation of the right
to reside which emphasizes the li mitations found in Directive 2004/38.1 Although
jobseekers have a right of residence, they are not entitled to social assistance bene ts
under this Directive. is exclusion, based on Article24 of Directive 2004/38, can take
e ect without an individual assessment. Financial responsibility for EU jobseekers
appears to be a long-term problem for the person’s country of nationality to dea l with.
§2. RELEVANT FACTS
Ms Alimanovic and her three children a re all Swedish nationals. Ms Alimanovic was
born in Bosnia but her children were all born in Germa ny. e Alimanovic family le
Germany in 1999 for Sweden and then retu rned to Germany in June 2010. Ms Alimanov ic
and her eldest daughter worked between June 2010 and May 2011 in temporary jobs for
less t han a y ear (11 month s in tota l). Ms A limano vic rec eived ben e ts under the German
Social Code II (SGB II) for herself and her ch ildren until the Job Centre withdrew this
bene t in May 2012 on the basis that she no longer quali ed a s a non- Germa n job-s eeker
* Centre for Migrat ion Law, Radboud University Nijmegen, e Net herlands.
1 Directive 20 04/38 on EU freedom of movement and residenc e, [2004] OJ L 158/77.
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