Equal treatment as an instrument of integration. The CJEU's case law on social rights for third-country nationals under the EU migration directives

Abstract

There is a growing tendency for the EU Member States to introduce conditions relating to the right to social benefits that are mostly disadvantageous to third-country nationals. These conditions are at risk of conflicting with provisions on the right to equal treatment with the nationals of the host country, as set down in a number of EU migration directives. This is all the more the case now that the Court of Justice of the European Union (CJEU) has recently given a broad interpretation of these provisions. Consequently, the Member States are to take these provisions as well as the CJEU's case law into account when seeking to limit access to social benefits for third-country nationals. This article examines the content and meaning of these provisions and the relevant case law of the CJEU. It concludes that it is apparent from this case law that the main objective of the right to equal treatment in these directives is to promote the integration of said third-country nationals into the host country and, therefore, the Member States may not make this right dependent on a prior sufficient level of integration in that host country.