The EU (non) co-ordination of minimum subsistence benefits: What went wrong and what ways forward?
| Published date | 01 June 2020 |
| DOI | 10.1177/1388262720928772 |
| Date | 01 June 2020 |
| Subject Matter | Articles |
Article
The EU (non) co-ordination of
minimum subsistence benefits:
What went wrong and what
ways forward?
Gijsbert Vonk
Faculty of Law, University of Groningen, the Netherlands
Abstract
This contribution deals with the co-ordination of minimum subsistence benefits in EU law. It is
argued that the distinction between social assistance schemes and non-contributory benefits in EU
social security law is becoming increasingly redundant. This is recognised in the case law of the
CJEU, although paradoxically not in a way that strengthens the rights of mobile citizens, but in an
adverse manner that undermines the co-ordination efforts of non-contributory benefits under
Regulation 883/2004. In order to overcome this problem, it is argued that social assistance should
be included in the material scope of application of Regulation 883/2004. This regulation should
abandon the concept of special non-contributory benefits and introduce a new category of min-
imum subsistence benefits, which would also include social assistance schemes. Such a change
could be accompanied by a single, coherent principle to govern the relationship between the right
to benefits (Regulation 883/2004) and residence rights (Directive 2004/38), if necessary supported
by a cost sharing mechanism for minimum substance benefits under Regulation 883/2004 and,
preferably, by a recognition of minimum protection standards for economically non-active EU
citizens without a legal right of residence.
Keywords
Co-ordination of social security, minimum subsistence benefits, social assistance, non-contributory
benefits, economically non-active citizens
1. Introduction
The place of minimum subsistence benefits in EU law is shrouded in controversy. Member States
are reluctant to grant tax financed social advantages to mobile EU citizens at home, let alone to
those moving to other parts of the EU. Yet, the principles of EU citizenship and the freedom of
Corresponding author:
Professor Gijsbert Vonk, Faculty of Law, University of Groningen, Oude Kijk in ‘t Jatstraat 26, 9712 EK, Groningen,
the Netherlands.
E-mail: g.j.vonk@rug.nl
European Journal of Social Security
2020, Vol. 22(2) 138–147
ªThe Author(s) 2020
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DOI: 10.1177/1388262720928772
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