|Author (Person)||Rocha, Frederico|
|Author (Corporate)||Cardiff EDC|
|Content Type||Blog & Commentary, News, Overview|
Information Guide concerning Case C-709/20 from the Court of Justice of the European Union (CJEU), which relates to the right of residence and discrimination based on nationality affecting citizens of the European Union (EU).
An EU citizen was granted pre-settled status in the United Kingdom (UK) in June 2020 in the framework the EU Settlement Scheme. In the same month, the citizen's application for Universal Credit was refused by the Department for Communities in Northern Ireland (NI). The citizen argues that the refusal to grant her social assistance constitutes different treatment by comparison with British citizens and therefore discrimination on the ground on nationality, considering the granting of a right of residence.
Hearing the case, the Appeal Tribunal for Northern Ireland referred a set of questions to the CJEU seeking to ascertain whether there is direct or indirect discrimination, for the purposes of Article 18 TFEU (non-discrimination and citizenship of the EU), as a result of the exclusion of certain Union citizens residing in the UK from social benefits owing to the nature of the right of residence granted to them on the basis of national law.
The Court's Advocate General issued an opinion concerning this case on 24 June 2021. On 15 July 2021, the Court decided that the UK legislation on Universal Credit is compatible with the principle of equal treatment as laid down in Directive 2004/38/EC. However, the judgment also highlights that competent national authorities must check that a refusal to grant such social assistance does not expose the EU citizen and children to a risk of infringement of their rights enshrined in the EU Charter of Fundamental Rights, in particular the respect for human dignity.
|Subject Categories||Employment and Social Affairs, Law|
|Subject Tags||Brexit, EU Law, Social Security, Welfare State|
|Keywords||CJEU Judgments, EU Citizenship, Post-Brexit
|Countries / Regions||United Kingdom|
|International Organisations||European Union [EU]|