Case C-181/19, Jobcenter Krefeld: The End of the Union Citizenship as Previously Understood?

Abstract

The European Court of Justice has taken a restrictive approach vis-à-vis economically inactive Union citizens ever since its rulings Brey and Dano. In a recent preliminary ruling, Case C-181/19 Jobcenter Krefeld, the Court confirms this approach with regard to social security benefits that resemble social assistance. Such benefits fall, just as the Court in held in Brey and Dano, under the Citizenship Directive and can be made dependent upon a right to reside. Thereby, the Court holds that the Citizenship Directive overrule Regulation 883/2004, that coordinates social security benefits, and its equal treatment principle which rule out additional residence requirements. However, the Court clarifies that if there is a right to reside on basis of Regulation 492/2011, such a right overrides the more restrictive right to reside that follows from the Citizenship Directive. Different standards seem to apply to economically active Union citizens and economically inactive Union citizens. Challenges lie ahead for the Member States' administrations as different authorities apply the respective Union law instruments.