AEMI

SOLANGE MASLOWSKI
Jacqueson; Nina Holst-Christensen. Vol. 2 1. ed.
Denmark: DJØF Publishing, 2014, p. 87.
27 See C-578/08, Rhimou Chakroun v Minister van
Buitenlandse Zaken. This case related to Directive
2003/86/EC (family reunification for third-
-country nationals) and not to 2004/38/EC, but
is nevertheless very useful concerning the interpretation
of the concept of „recourse to the social
assistance system“ by the Court of Justice. See also
case C-140/12, Pensionsversicherungsanstalt v
Peter Brey, para.71.
28 See Observatoire des politiques sociales en Europe,
Les expulsions de citoyens et citoyennes européens.
Un phénomène qui nous alarme et nous
mobilise, May 2014, p.4.
29 See Lhernoud J.P., L’éloignement des Roms et la
Directive 2004/38 relative au droit de séjour des
citoyens de l’UE, Droit social, 2010, 1024–1036.
30 Guild E., Peers S., Tomkin J., The EU Citizenship
Directive, A commentary, Oxford University
Press, 2014, Introduction, p.11.
31 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
Jacqueson; Nina Holst-Christensen. Vol. 2 1. ed.
Denmark: DJØF Publishing, 2014, p. 89.
32 Of course, it is desirable that after a reasonable
period of time, the poorest Union citizens residing
in an economically richer Member State are able
to reach the national level of standards of the host
Member state.
33 This point of view is supported by the Court of
Justice in the Chakroun case where the claimant
stated that since the extent of needs can vary greatly
depending on the individuals, that authorisation
must, moreover, be interpreted as meaning
that the Member States may indicate a certain
sum as a reference amount, but not as meaning
that they may impose a minimum income level
below which all family reunifications will be refused,
irrespective of an actual examination of the
situation of each applicant (point 48).
173
34 See DG Employment, Social affairs and Inclusion,
A fact-finding analysis on the impact on
Member States’ social security systems of the entitlements
of non-active intra EU migrants to special
non-contributory cash benefits and healthcare
granted on the basis of residence, 14. 10. 2013
and C. Dustmann, T. Fratinni, The Fiscal Effects
of Immigration to the UK, CDP No 22/13.
35 See Memo from the European Commission, European
Commission upholds free movement of
people, Brussels, January 2014.
36 See Paul Minderhoud, Access to Social Assistance
Benefits and Directive 20014/38, in E.Guild, K.
Groenendijk, S. Carrera (eds.), Illeberal Liberal
States, Immigration, Citizenship and Integration
in the EU, Ashgate, 2009, pp.221-238.
37 According to Article 2 of the Treaty on the European
Union, the Union is founded on the values
of respect for human dignity, freedom, democracy,
equality, the rule of law and respect for human rights,
including the rights of persons belonging to
minorities. These values are common to the Member
States in a society in which pluralism, non-
-discrimination, tolerance, justice, solidarity and
equality between women and men prevail. Article
3 dealing with the goals of the EU states also that
the Union shall combat social exclusion and discrimination,
and shall promote social justice and
protection, equality between women and men,
solidarity between generations and protection of
the rights of the child. It shall also promote economic,
social and territorial cohesion, and solidarity
among Member States. This seems in favor of the
economically inactive Union citizens and of their
right to freedom of movement.
38 According to Article 4 TEU, pursuant to the principle
of sincere cooperation, the Union and the
Member States shall, in full mutual respect, assist
each other in carrying out tasks which flow from
the Treaties.It shall also promote economic, social
and territorial cohesion, and solidarity among
Member States, according to Article 3.