QUEM IRÁ PAGAR AOS CIGANOS?ENTÃO E AOS ACOLHIDOS FORA DA UNIÃO EUROPEIA?QUE NO NOSSO CASO NOS AFUNDAM?PORQUE O ESTADO SOCIAL É INTERNACIONALISTA MESMO COM O PASSOS...

EU court rules benefit tourists can be excluded from welfare schemes
The European Court of Justice declares EU member states must have 'the possibility of refusing' social benefits to 'economically inactive' EU citizens
The European Court of Justice declares EU member states must have 'the possibility of refusing' social benefits to 'economically inactive' EU citizens
European Court of Justice
The European Court of Justice Photo: ALAMY
By Bruno Waterfield in Brussels and Steven Swinford11:10AM GMT 11 Nov 2014
Britain can ban European Union migrants from claiming "special non-contributory cash benefits" for up to five years, according to a landmark judgement in Luxembourg.
The EU courts have ruled that it is up to the Government, not Brussels, how it drafts legislation that that excludes foreign, European nationals from claiming social assistance benefits.
As well as asserting national sovereignty over out-of-work welfare benefits, the European Court of Justice has stopped unemployed migrants from using human rights legislation to appeal against measures blocking them from benefits.
"The directive on free movement of EU citizens and the regulation on the coordination of social security systems do not preclude domestic legislation which excludes nationals of other member states from entitlement to certain ‘special non-contributory cash benefits’, although they are granted to nationals of the host member state who are in the same situation," the EU court ruled on Tuesday.
The flagship judgment, following a case in Germany, confirms that governments can treat European jobseekers differently from their own nationals who are in the same situation without any recourse by migrants to EU human rights laws.
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"When the member states lay down the conditions for the grant of special non-contributory cash benefits and the extent of such benefits, they are not implementing EU law, and the Charter of Fundamental Rights of the EU is therefore not applicable," said the ruling.
The judgment could have major implications for an EU challenge to Britain’s "habitual residence test" and will be seen by the Government as recognition that abuse of Europe’s free movement rules does exist.
"The UK and other national governments can therefore use this precedent to defend their restrictions on EU migrants’ access to non-contributory benefits," said Stephen Booth, of the Open Europe think-tank
"However, extending this principle and putting greater restrictions on to non-contributory in-work benefits, such as tax credits, the NHS and social housing, would require changes to EU legislation. This case could embolden UK allies to support such a move."
The German case involved two Romanian nationals, Elisabeta Dano and her son Florin, who were refused benefits in Leipzig because she "did not enter Germany in order to seek work there".
She and her son have been residing in Germany since November 2010.
"One of the conditions for a right of residence is that economically inactive persons must have sufficient resources of their own," said the EU court. "The directive thus seeks to prevent economically inactive EU citizens from using the host member state's welfare system to fund their means of subsistence."
The European Commission welcomed the judment as bringing "more clarity" to the rules on EU free movement.

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Germany 'can deny' jobless EU migrants benefits
Last updated seven minutes ago
An office building in Munich, Germany
European court has ruled that country can refuse welfare benefits to EU migrants if they have never held a job there


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