What is the position of the ECJonthe equal treatment of benefits for EU nationals in otherEUMemberStates? Discuss related. (750)
Areyou a Romanian citizen andhaveyou applied tothe job seeker?Service in Germany. She has never worked in Germany and is not looking for work. She has neverstudied a tradeandshe has never worked in Germany or Romaniabefore. She and her son have been livinginGermany since 2010,living in Mrs.Dano’ssister’shouseandMrs.Danotakingcareofher.Thisis the “specialnon-contributionbenefit”.
The EU Citizens Rights Directive stipulates that EU citizens are entitled to equal treatment withrespectto benefits within the territory of other Member States,with one exception.2isher first three months after arrival, even if she is a worker. If you are looking for a job
3. If you applied for the subsidy 5 years before the period of stay.
Right of Residence for a Maximum of Three Months
1. An EU citizen may reside in the territory of another Member State for a period of up to three months without any conditions or formalities other than the requirement of having a valid identity document or an identity document. have the right to reside passport
Maintenance of right of residence
(1) Union nationals and their families shall have the right of residence provided for in Article 6, provided that it does not impose an undue burden on the social assistance benefits of the receiving Member State.
Right of residence for more than three months
1. All Union citizens shall have the right of residence on the territory of another Member State for a period of longer than three months if they:
(a) are workers or self-employed persons in the host Member State; or
(b) have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State; or
(c) – are enrolled at a private or public establishment,
The directive prohibits economically inactive Union citizens from using the host Member State’s welfare system to fund their means of subsistence.
A Member State can refuse to grant social benefits to economically inactive Union citizens who exercise their right to freedom of movement solely in order to obtain another Member State’s social assistance although they do not have sufficient resources to claim a right of residence.
If you do not have sufficient resources to meet your own needs and the needs of your family, you cannot claim a right of residence in a MS (here Germany) under the CRD. Therefore, you cannot invoke the principle of non-discrimination laid down by the directive (Article 24 of the CRD); the directive applies to workers, self employed persons, students and others who have sufficient resources.
1) employed or self-employed (and their family members) in the host Member State;
2)persons who are not employed but who have sufficient means of not burdening themselves and their families with the social assistance system of the receiving Member State during their stay and who are covered by comprehensive health insurance in the receiving Member State;
3) Enrolled in a private or public institution while in school
“FamilyMember” means (but is not limited to): (a) a spouse; Case C-673/16 Rell Adrian Coman etal. The term “spouse” in EU law includes same-sex spouses.A Member State is free to decide whether or not to allow same-sex marriage,but by denying residence permits to her same-sex spouse whois a national of another EU Member State, the Freedom of residence cannot be hindered. Derived right of residence within their territory. (A Romanian citizen married a U.S. citizen same-sex partner in Brussels and then moved to Romania, but the authorities denied the U.S. partner residency because same-sex marriage is not recognized in Romania.
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