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Free movement for economically non-active persons

Frans Pennings

Since the Maastricht Treaty also persons who are non-economically active have the right to go to another Member State and stay there. Conditions are that they must not become an unreasonable burden for the public funds of that country.These conditions have been further developed in the case law of the Court of Justice and in the Citizenship directive. As a result it has become difficult for persons without any means to make use of the right to free movement. But not only these persons who have recently arrived in a country have these problems, but also persons who are already for a longer time in the host country and even persons who are working in a country can have difficulties in accessing social rights and have problems in obtaining a permanent right to stay in the host State.In our research project beuCitizen we studied the ways in which persons have difficulties in having access to social rights and we found that the nature of legal systems accounts for many of the problems. Even quite generous host states, that are not considered as opposing migrants in the first place, make it difficult for EU citizens to realize their rights. In my presentation I therefore want to address the various actors that make it difficult for EU citizens to make use of their right to free movement and access to social rights and I will discuss the elements that influence these impediments.

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