European Court of Justice's New Approach Towards Rights to Move, to Reside and to get Social Assistance
Abstract
The aim of the article is to find whether the European Court of Justice has reacted in its recent rulings to the growing reluctance of many Europeans and their political representations towards quasi-automatic rights of migrating of European Union citizens to move to another Member State and enjoy there the benefits of social policy on equal footing with this country's national. The authors analyse recent case-law of the European Court of Justice in comparison with its earlier case-law regarding access of Union citizens to social assistance and status of third country nationals as family members of European Union citizens.
The authors have come to the conclusion that so far, the European Court of Justice tightened the interpretation of the European Union law in force in the area of welfare tourists' rights unlike in case of economically active migrants. When it comes to third country nationals as family members of Union citizens, their status it is not only confirmed but even extended.