Countries can reject benefit claims by citizens of other EU countries if they are engaging in ‘social tourism’, the advocate general of the European Court of Justice said yesterday in an opinion likely to be replicated in a final ruling.
Germany may refuse “social security benefits for jobseekers who are in need of assistance” if the persons claiming them went to Germany solely in order to obtain those benefits, according to Advocate General Wathelet.
The case was filed by a Romanian citizen who gave birth to a child during her stay in Leipzig. She received child benefits, but was rejected by the local authorities when she filed for unemployment benefits, as she was not actively seeking a job and had no professional qualifications.
The ECJ lawyer noted that EU law authorises EU citizens and their family members to reside in another member state for a period of three months.
“Where such persons wish to remain for more than three months, they must have sufficient resources in order not to become a burden on the social assistance system of the host member state,” the legal opinion reads.
Germany has the right to demand that welfare applicants demonstrate a “genuine link” as well as efforts to integrate in Germany in order to prevent social benefits abuse. (more)
Read the whole story: http://euobserver.com/social/124203
Source: EUobserver - Valentina Pop