Updated: Jan 8
FREE MOVEMENT OF STUDENTS
EU-CITIZINSHIP AS FUNDAMENTAL STATUS
WHAT DOES THIS CASE MEAN FOR ME?
If you are a citizen of a European state, then you also have EU-citizenship. This EU-citizenship must be seen as a fundamental status!
If you are studying in another MS then you have the right to ask for social assistance, this cannot be refused on the sole basis of your different nationality.
However, since this case the Court has become more reserved. Today, it is recognised that different conditions can be imposed on citizens with a different nationality than that of the host state.
A French student that resides in Belgium applies for social security assistance for students. The assistance is refused because he does not have Belgian nationality. The student goes to the CJEU and invokes the Free movement of Persons (art. 21 TFEU) and the prohibition of discrimination based on nationality (art. 18 TFEU).
The topic falls under EU law (art. 18 TFEU) as he is exercising his free movement (material scope) and personal scope is okay, as he is a EU-citizen.
→ EU-CITIZENSHIP is a FUNDAMENTAL STATUS of nationals of MS. (§31)
→ For social assistance residence was required, which he had so he won.
This case is a wide and generous approach, since then the CJEU has become more reserved. This wide approach brings with it a risk of abuse of the social security system of the host state.