A resisting enclave of social rights – protecting the children of former workers: C-181/19 Jobcenter Krefeld – Widerspruchsstelle v JD
| Author | Catherine Jacqueson |
| DOI | 10.1177/1023263X211028423 |
| Date | 01 October 2021 |
| Published date | 01 October 2021 |
| Subject Matter | Case Notes |
Case Note
A resisting enclave of social
rights – protecting the children
of former workers
C-181/19
Jobcenter Krefeld – Widerspruchsstelle v JD
Catherine Jacqueson*
Abstract
The boundaries of financial solidarity between the Member States have long been a hotly debated
issue. With Jobcentre Krefeld, the Court puts an end to the saga of the rights of children of former
workers and their primary carer. It firmly anchors its ruling in the free movement of workers and
distinguishes the case from the Dano and Alimanovic cases.
Keywords
Social citizenship, financial solidarity, children of former workers, Germany, Dano, Alimanovic
Introduction
Social citizenship and financial solidarity between the Member States and their people have been a
thorny issue for more than 10 years.
1
The European Court of Justice (hereafter the ECJ or the Court)
and its case law on free movers’ access to social benefits have been at the centre of the storm also in the
media. In Autumn 2020, the Court was again asked to rule on the boundaries of social citizenship by a
* University of Copenhagen, Denmark
Corresponding author:
Catherine Jacqueson, Professor of EU law, WELMA, Law Faculty, University of Copenhagen, Karen Blixens Plads 16,
Copenhagen S 2300, Denmark.
E-mail: ccj@jur.ku.dk
1. See for example N. Rennuy (2020), ‘The EU Trilemma of EU Social Benefits Law: Seeing the Wood and the Trees’, 56
CMLR, 1549–1590.
Maastricht Journal of European and
Comparative Law
ªThe Author(s) 2021
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/1023263X211028423
maastrichtjournal.sagepub.com
MJ
MJ
2021, Vol. 28(5) 731–738
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