EU: A hypersensitive issue: The rights to reside of an unemployable person by Emanuela Matei
In the aftermath of Dano, the value of the Union citizenship should be categorically re-examined. The decision of the CJEU in case C-333/13 from 11-11-2014 concludes that the safeguards in article 24 of the Directive 2004/38 and in article 4 of the Regulation no. 883/2004 on the equal treatment of the Union citizens must be interpreted as not precluding legislation of a Member State under which nationals of other Member States are excluded from entitlement to certain ‘special non-contributory cash benefits’ within the meaning of Article 70(2) of Regulation No 883/2004, although those benefits are granted to nationals of the host Member State who are in the same situation, in so far as those nationals of other Member States do not have a right of residence under Directive 2004/38 in the host Member State . Article 7 of the Directive 2004/38 read e contrario dictates that: unemployed people who have insufficient resources for themselves and their family members during thei...