Abstrakt
On the European level, politicians and legal experts debate about issues regarding the problem of so-called benefit tourism. This contribution deals with this problem from two perspectives: the principle of free movement of EU citizens and the coordination of social systems of EU Member States.
In the article we focus on the legal framework for EU citizens' migration and the access of Union citizens to social benefits in host Member States. Special attention is paid to CJEU case-law concerning specific social benefits in Austria and Germany.
The solutions applied in those cases show a significant degree of legal uncertainty which is caused by poor EU legislation, confusing national regulations in some EU Member States and cryptic judgments of the CJEU. This legal uncertainty manifestly contributes to the rise of xenophobia and irrational political debates in Europe.