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Social Security Coverage of Non-Active Persons Moving to Another Member State

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Chapter Summary

This chapter gives an overview of the currently applicable legal provisions which may be relevant for the discussion on the issue of residence rights as well as the right to social benefits for economically inactive persons moving within the European Union (EU). In the case law of the 1970s and 80s, the Court of Justice of the European Union (CJEU) developed a broad definition of social security including special non-contributory benefits (SNCBs). The chapter discusses an analysis and synthesis of the replies of the Member States to a questionnaire from the Secretariat of the Administrative Commission on the relationship between Regulation 883/2004 and Directive 2004/38. It is crystal clear that the responses from the Member States have not provided a complete image of the concerns that were expressed by some Member States with regard to the access of non-active persons to residence based benefits in the Member States.

Keywords: Administrative Commission; CJEU; Member States; non-active persons; social security coverage; special non-contributory benefits (SNCBs)



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