Hungarian Yearbook of International Law and European Law

Article

Legal Challenges of the Retention of Worker Status as Reflected in Recent Case-Law of the CJEU

Keywords free movement of workers, EU citizens, right to move and reside freely, retention of EU worker status, equal treatment, welfare benefits
Authors Laura Gyeney
Author's information

364558 Laura Gyeney
Associate professor, Pázmány Péter Catholic University, Budapest.
  • Abstract

      In recent years, a growing number of cases related to the retention of worker status have emerged in CJEU jurisprudence with reference to welfare benefits, requiring a much 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 free movement, 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 EU citizen 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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