Free movement of workers
The claimant: job-seeker
Definition: Vatsouras and Koupatantze
All work seekers, who genuinely seek employment in a host M/S are workers within the meaning of Article 45 TFEU. However, as they are
not fully-fledged workers, their entitlement to social benefits is not the same as those of workers.
Application: The Court has interpreted the expression contained in Article 45(3)(a) TFEU 'to accept offers of employnent actually made' as
covering job-seekers'.
ex parte Antonissen - A strict interpretation of Article 45(3) TFEU would jeopardise the actual chances that a national of a M/S who is
seeking employment will find it in another M/S and would, as a result, make that provision ineffective'.
The Article therefore had to be interpreted as giving a non-exhuastive list of rights for nationals of M/S in the context of free movement,
including the right for job seekers to remain in the M/S for as long as they could provide evidence they were looking for employment and
had a genuine chance of being engaged.
Extent of Article 45(3) TFEU
Royer - Article 45(3) included the right to enter a host M/S in search of work, although the Court did not fix any time limit for such a
search. (it seems that a six-month period can be considered as reasonable time for the purpose of seeking employment as implied from
the ECJ's decision in Antonissen).
How long will someone be considered as a jobseeker?
Antonissen - 6 months limit is acceptable. A further extension is acceptable if evidence of a genuine chance of employment could be
shown after expiry of the six-month period.
M/S nationals who are job seekers cf. workers
Collins - Mr Collins could not be regarded as a worker b/c no link could be established b/w his stay in the UK in 1981 and his search for
another job more than 17 years later. His position in 1998 must therefore be compared with that of any national of a M/S looking for his
first job. M/S nationals who move in search of work benefit from the principle of equal treatment only as regards access to employment.
Only those who have already entered the employment market may claim the same social and tax advantages as national workers.
Rights of jobseekers
Rights of residence for jobseekers
Collins - the right of residence derived from Article 45 Equal treatment for job seekers
may be limited in time. Collins - the Court extended the principle of equal treatment in Union law to benefits of a
Article 6 D2004/38 - less generous: provides for a right financial nature such as a jobseeker's allowance.
of residence of up to 3 months. Monique (ONEM) - as a national of a M/S seeking employment in another M/S, the applicant
Article 7 D2004/38 - Conditions for a right of residence fell under Art.45 TFEU and was therefore entitled to equal treatment with nationals of the
for more than 3 months host M/S: she was entitled to claim for benefits.
- sufficient resources not to become a burden on the Benefits intended to facilitate access to employment
financial system of the host state Vatsouras - a jobseeker is entitled to receive any benefit of a financial nature intended to
- must have comprehensive sickness insurance. facilitate access to employment.
Expulsion NOTE: However - Article 24(2) D2004/38 states that by way of derogation from the equal
treatment principle: the host M/S 'shall not be obliged to confer entitlement to social
→ as long as the beneficiaries of the right of residence
assistance for the first 3 months of residence', or even longer for job seekers.'
do not become an unreasonable burden on the social
assistance of the host M/S, they should not be expelled. A more restrictive approach? - economically inactive EU citizens
An expulsion measure should not be the automatic Elisabeta Dano v Jobcentre - Under the Directive, the host M/S is not required to grant social
consequence of recourse to the social assistance system. assistance during the first 3 months of residence, and where the period of residence exceeds
→ the host M/S should examine w/r it is a case of 3 months but is less than 5 years, an economically inactive resident must have 'sufficient
temporary difficulties and take into account the duration resources of their own'.
of residence, the personal circumstances and the Jobcenter Berlin v Alimanovic - The Court reiterated the principle that an EUC cannot claim
aomunt of aid granted in order to consider w/r the equal treatment with nationals of the host M/S unless their residence in the host M/S is in
beneficiary has become an unreasonable burden on its compliance with the conditions in the Free Movement Directive.
social assistance system and to proceed to their
Therefore, it held that denying the applicants - whose right of residence in Germany arises
expulsion.
solely out of the search for employment - entitlement to social assistance does not
Peter Brey - a proportionality test in the form of an contravene the principle of equal treatment.
individual assessment of the person concerned is
required.
