Timeo Danones et dona petentes: : European Court of Justice (Grand Chamber), Judgment of 11 November 2014, Case C-333/13, Elisabeta and Florin Dano v Jobcenter Leipzig

• Autores: Dominik Düsterhaus
• Localización: European Constitutional Law Review, ISSN-e 1574-0196, Vol. 11, Nº. 1, 2015, págs. 121-139
• Idioma: inglés
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• Resumen

  • Amidst growing fears both for and of the free movement of persons in the EU, the judgment in Dano inaugurates the third decade of the Court of Justice's acquaintance with EU citizenship. It casts the right to reside as a privilege of the self-subsistent and accepts that those who are not can be excluded from social benefits granted to needy nationals and the economically active. The case specifically concerned, once again, a provision under German law which denies foreign jobseekers access to the so-called basic provision benefits for persons capable of earning a living but nevertheless in need of social assistance. The judgment has, however, wider implications. Not only will some of the other member states have received it with relief, hoping that their current and prospective limitations on the access to benefits may now be shielded from further scrutiny, but it should also draw a line under political and legal debates on how to bar what is depicted as welfare tourism by dint of free movement. This article proposes a threefold assessment of this judgment