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manian and Bulgarian citizens in 2010.
14 For example, the French Défenseur des droits, the
French Commission nationale consultative des
droits de l’homme, the European Commission,
the European Parliament, Commissioner for
Human Rights and the European Committee of
Social Rights of the Council of Europe.
15 See, for example, decisions of French Administrative
court of appeals of Lyon of 2. 5. 2012,
of 16. 5. 2012, No 1203741, No 1203740, No
1201114 as well as of Douai of 25. 10. 2012, No
12DA00853.
16 Indeed, workers benefit from a total unconditional
freedom of movement and residence for short and
long-term stays. On the contrary, freedom of
movement and residence of economically inactive
Union citizens is conditional to the respect of
some requirements laid down by the Citizenship
Directive from 2004:
· For stays up to three months, the directive reminds
that they should not be an unreasonable
burden on the social assistance system of the host
Member state.
· For stays more than three months, their right of
residence is conditional to the fulfillment of two
requirements:
- The possession of sufficient financial resources
to support themselves and their family members
(Article 7-2 and Article 8-4), the aim being again
not becoming an unreasonable burden for the host
Member State.
- The possession of comprehensive sickness insurance.
The insurance’s form (private or public) and
origin (from the host Member state or another
State) are not relevant as far as the insurance covers
the territory of the host State and provides for
a comprehensive coverage.
· Concerning the last type of residence, the permanent
residence, economically inactive Union citizens
should demonstrate a first legal stay five years
in the host Member State, a right which is opened
just to the self-sufficient inactive residents.
17 If workers on the move benefit from a total equality
of treatment with nationals of the host Member
state, economically inactive Union citizens are
not automatically entitled to social assistance:
- Generally speaking, during the first three months
of their stay, the host Member state is not obliged
to grant them any social assistance.
- Then, job seekers are not entitled to social assistance
during the period of active search of a job
which might be longer than three months.
- Students are not entitled to grants or loans before
the acquisition of the permanent residence.
18 Contrary to other Member States which focus on
a certain category of Union citizens, specifically
Romanian and Bulgarian citizens, Belgian expulsions
do not differentiate between citizens of poor
or rich countries of origin: expulsion orders concern
indifferently French, Spanish, Italian, Dutch,
Romanian or Bulgarian citizens.
19 Article 7-3c retains the status of worker for a period
of six months to any job-seeker duly registered
who has been involuntary unemployed after
having worked for less than 12 months in the host
Member state.
20 According to case Udo Steymann v Staatssecretaris
van Justitie (C-196/87), activities constitute
economic activities in so far as the services may be
regarded as the indirect quid pro quo for genuine
and effective work.
21 See Carlo Caldarini, Les expulsions de citoyens
et citoyennes européens. Un phénomène qui
nous alarme, et nous mobilise, Observatoire des
politiques sociales en Europe, May 2014, online
http://www.osservatorioinca.org/section/image/
attach/Carte_blanche_-_Open_brief_-_Lettera_
aperta.pdf.
22 See Libre circulation des citoyens européens : du
mauvais usage par la Belgique de ses banques de
données sociales, 5.2.2015, online http://www.
lalibre.be/debats/opinions/libre-circulation-descitoyens-europeens-du-mauvais-usage-par-labelgique-de-ses-banques-de-donnees-sociales-
54d36df135701001a18fe98b.
23 For more details on freedom of movement of
homeless people in Europe, see FEANTSA- Fédération
Européenne d’Associations Nationales
Travaillant avec les Sans-Abri, Libre circulation et
sans-abrisme, Printemps 2013.
24 Permanent residents are protected against the
ground of „normal“ public policy. They can be expelled
on the ground of „serious“ grounds of public
policy. Member States are supposed to clearly
differentiate „normal“ and „serious‘ grounds of
public policy on which the expulsion can be taken.
25 Ten year residents cannott be indeed expelled on
the ground of public policy or public health and
not even on the ground of public security. Just
imperative grounds of public security can apply
to them. Member States are supposed to clearly
differentiate in their national legislation „normal“
grounds of public security and „imperative“
grounds of publi security.
26 See General Report: Union Citizenship: Development,
Impact and Challenges. / Shaw, Jo; Nic
Shuibhne, Niamh. Union Citizenship: Development,
Impact and Challenges, The XXVI FIDE
Congress in Copenhagen, 2014 Congress Publications
Vol. 2. ed. / Ulla Neergaard; Catherine