Da decisão do Tribunal de Justiça Europeu, sobre a proposta alemã de expulsar imigrantes desempregados: The Advocate General recalls that EU law
authorises EU citizens and their family members to
reside in a Member State other than that of which they are nationals for a period of three months,
as long as they do not become an unreasonable burden on the social assistance system of the
host Member State. Where such persons wish to remain for more than three months, they must
have sufficient resources in order not to become a burden on the social assistance system of the
host Member State. It necessarily follows that there may be unequal treatment in respect of the
granting of social assistance benefits between nationals of the host Member State and other EU
citizens.According to Advocate General Wathelet, legislation which excludes from basic provision
benefits people who come to Germany solely in order to benefit from the German social assistance
scheme, rather than seeking to integrate themselves into the labour market, is consistent, with the
EU legislature’s intention. Such exclusion serves to prevent persons who exercise their freedom of
movement with no intention of integration becoming a burden on the social assistance system. It is
also consistent with the latitude granted to the Member States in that regard. In other words, it
helps to prevent abuse and a certain form of ‘benefit tourism’.
The Advocate General observes, in addition, that the criterion adopted by Germany (namely,
where the sole reason for entering German territory is to seek employment or obtain social
assistance) is capable of demonstrating the absence of a genuine link with the territory of the host
Member State and a failure to integrate that State. That criterion helps to ensure the economic
viability of the scheme without jeopardising its financial equilibrium. The German legislation
therefore pursues a legitimate objective, as the Court of Justice requires. Moreover, the Advocate
General takes the view that the criterion chosen appears to be proportionate to the objective
pursued. In order to determine whether the applicant falls within the exclusion in question and must
accordingly be refused the grant of the basic provision benefits, the German authorities are
required to examine the applicant’s personal situation.
