The right to social assistance for economically inactive migrating Union citizens: The Court disregards the principle of proportionality and lets the Charter appease the consequences

Abstract

In a new case on the right to social assistance for inactive migrating Union citizens, the CJEU delivered a judgment in which it confirmed its restrictive interpretation of the relevant primary and secondary Union law. At the same time, however, it invoked the EU Charter to appease the consequences of that. This case note critically analyses the Court’s restrictive application of the principle of non-discrimination of Article 18 TFEU and Article 24 Directive 2004/38/EC. It also comments on the Court’s implicit refusal to apply the principle of non-discrimination of Article 18 TFEU to a migrating Union citizen who has acquired a right of residence in the host country solely on the basis of the national law of that Member State. Further, it examines the role ascribed by the Court in this case to the Charter. The conclusion is that this judgment risks jeopardizing a number of fundamental basic principles of Union law while leaving a number of questions open.