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Publishers Abstract:
Article 12 EC, at least until recently, has not been interpreted as a tool to ensure equal access of all European Union citizens to social benefits of the Member States irrespective of their contributions to the tax yield of the State of residence. The extension of free movement rights to non-economically active Union citizens was one of the major conditions to liberate the European Community from its economic preoccupation and to prepare the way for a community of citizens. The European Court extended the concept of discrimination by developing its jurisprudence on indirect discrimination. By and large, this development was accepted by the Member States, particularly since the original concern that free movement might lead to incalculable burdens for their welfare systems turned out to be largely unfounded, since non-economically active Union citizens remained outside of the scope of general welfare systems. Union citizenship and access to social benefits in the recent case law of the European Court is presented.
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