Free Movement of Workers,EU Citizenship and Access to Social Advantages

Abstract

This article discusses recent developments in the European Court of Justice's approach to freedom of movement of workers and how that has been influenced by EU provisions on citizenship. It examines, firstly, the Court's interpretation of the circumstances in which a worker who has changed his or her residence (without altering the place of work) could rely on Article 39 EC (which concerns the rights of migrant workers). Secondly, it examines how the expansion of rights in this area is creating certain tensions between the legal provisions concerning the right to ‘social advantages' – which include many social security benefits – and rights under the detailed system of social security co-ordination set out in Regulation 1408/71. In particular, this has created disputes concerning the ‘export’ of social benefits. In conclusion we discuss some of the implications of this case law for the Court's approach to free movement of citizens and workers.