Legal Challenges of the Retention of Worker Status as Reflected in Recent Case-Law of the CJEU
In recent years, a growing number of cases related to the retention of worker status have emerged in CJEU jurisprudence with reference towelfare benefits, requiring amuch deeper analysis of the field treated earlier as peripheral. Such an analysis seems especially justified in light of the current p...
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| Format: | Article |
| Published: |
2019
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| Series: | HUNGARIAN YEARBOOK OF INTERNATIONAL LAW AND EUROPEAN LAW
7 No. 1 |
| mtmt: | 31262817 |
| Online Access: | https://publikacio.ppke.hu/2186 |
| Summary: | In recent years, a growing number of cases related to the retention of worker status have emerged in CJEU jurisprudence with reference towelfare benefits, requiring amuch deeper analysis of the field treated earlier as peripheral. Such an analysis seems especially justified in light of the current political and legal discourse concerning the issue of freemovement, focusing on the question of equal treatment in the field of welfare assistance for mobile citizens. The purpose of this study is to present and put into context the relevant case-law of recent years by analyzing the judgments of the CJEU in two cases that are benchmarks in this field: the Tarola and Saint Prix cases. Both cases highlight the key role that economically active status continues to play in integration law. These judgments also shed light on the challenges arising from the difficulties in distinguishing between the economically active and inactive EUcitizen statuses. This issue emerged as an increasingly grave problem in the field of law of free movement, posing a serious dilemma for law enforcement. |
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| Physical Description: | 303-325 |
| ISSN: | 2666-2701 |