A New Settlement for the United Kingdom in the European Union: A New Challenge to EU Citizens' Social Benefits and Freedom of Movement?

European Papers

Rossella Pulvirenti¹ 

[1] University of Nottingham;

关键词: freedom of movement;    social benefits;    workers;    job seekers;    eu citizens' family members;   

DOI  :  10.15166/2499-8249/48

来源: DOAJ

【 摘 要 】

(Series Information) European Papers - A Journal on Law and Integration, 2016 1(2), 727-740 | European Forum Insight of 4 May 2016 | (Table of Contents) I. Introduction. - II. The legal status of the decision and declarations. - III. Workers' free movement and social benefits. - IV. Job seekers' free movement and social benefits. - V. Deportation of EU criminals. - VI. Abuse of EU family members' rights. - VII. Child benefits. - VIII. The safeguard mechanism. - IX. Conclusions. | (Abstract) On 18 and 19 February 2016, the Heads of State or Government of the 28 Member States of the European Union met within the European Council in Brussels and agreed on a New Settlement of the United Kingdom within the EU. This Insight only focuses on social benefits and freedom of movement. It provides an account of the modifications that the New Settlement aims to introduce and assesses whether such changes would be compatible with the European Treaties. Following such analysis, this Insight concludes that the proposed changes would restrict the right of workers and job seekers to access, respectively, the labour market and social benefits in a host State. Furthermore, the New Settlement would change the scope of the Citizens' Directive granting Member States greater powers to deport EU criminals. This is in violation of the principle of proportionality, legal certainty and the principle nullum crime sine lege. Moreover, the introduction of the 'prior lawful residence' for the EU citizens' family members undermines their parallel right to free movement within the EU and the EU citizens' right to family. Finally, workers' freedom of movement and the principle of non-discrimination would be infringed by the safeguard mechanism, which would allow the UK to restrict in-work benefits for EU citizens for four years from the commencement of their employment.

【 授权许可】

Unknown