| Summary: | (Series Information) European Papers - A Journal on Law and Integration, 2016 1(1), 323-325 | European Forum Highlight of 16 April 2016 | (Abstract) This Opinion considers whether requiring to economically inactive EU citizens who reside in the UK to prove that they are lawfully residing in that Member State to access certain social security benefits can amount to a breach of EU law. Whereas these benefits fall within the scope of Regulation 883/2004, this requirement entails demonstrating that they have sufficient resources, in line with Directive 2004/38. In Brey, Dano and Alimanovic the CJEU emphasized that Member States can introduce such requirements to access social assistance. Nevertheless, the Commission claims that the requirement of 'lawful residence' only applies to social assistance because it derives from Directive 2004/38, whereas for social security benefits Regulation 883/2004 refers to 'habitual residence'. The Commission also contends that the lawful residence requirement is directly discriminatory on grounds of nationality. In this Opinion, the AG argues that there is a "close link" between Directive 2004/38 and Regulation 883/2004, so the lawful residence requirement can also be applied to access to social security benefits.
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