The German case involved two Romanian nationals, Elisabeta Dano and her son Florin, who were refused benefits in the former GDR City of Leipzig because she "did not enter Germany in order to seek work there". A line that might now be routinely trotted out by Council front line staff if they can ever get the seriously inept Council IT department to update the computer on- screen script software.
It will also ensure that Peterborough will not in future have so many 'new' Europeans setting up makeshift camps in hedgerows, and victim to some exploitative owners (Landlords) of houses of multi occupation - and these we understand from the PCC website might include a clutch of PCC councillors, who may possibly face financial ruin - as a result of the shock German ruling. Landlords will now unexpectedly find that state-funded rentals from this source will rapidly dry up......perhaps they will sell on the properties and the neighbourhoods can recover from 'slum' status?
Locally in Peterborough, The Mayor Cllr David Over, has six houses, although council records do not say if they are rented out to EC nationals or in multiple occupation. Cllr Peach has twelve houses. Cllr Khan (Leader, Labour Group) has 3 houses), Cllr Cereste has 8 houses, Cllr Nadeem, has 5 houses,
and Cllr Turnip? A white Caravan ....
The EU courts have now ruled it is up to Government, not Brussels, how it drafts legislation that excludes foreign, European nationals from claiming social security benefits. In addition, to bolstering national sovereignty over out-of-work welfare benefits, the European Court of Justice has now additionally stopped unemployed migrants from using Human Rights legislation to appeal against measures blocking them from benefits.
"The directive on free movement of EU citizens and the regulation on the coordination of social security systems do not preclude domestic legislation which excludes nationals of other member states from entitlement to certain ‘special non-contributory cash benefits’, although they are granted to nationals of the host member state who are in the same situation," the EU court ruled on Tuesday.
The flagship judgment - nothing to do with Stewart Jackson MP - following a case in Germany, and confirms that governments can treat European jobseekers differently from their own nationals who are in the same situation without any recourse by migrants to EU human rights laws.
The ruling states: "When the member states lay down the conditions for the grant of special non-contributory cash benefits and the extent of such benefits, they are not implementing EU law, and the Charter of Fundamental Rights of the EU is therefore not applicable," .
The judgment has a huge kickback and could have major implications for an EU challenge to Britain’s "habitual residence test" and possibly taken by the UK Coalition Government in its final months as evidence that abuse of Europes' free movement directives does actually exist.
"The UK and other national governments can therefore use this precedent to defend their restrictions on EU migrants’ access to non-contributory benefits," said Stephen Booth, of the Open Europe think-tank
"However, extending this principle and putting greater restrictions on to non-contributory in-work benefits, such as tax credits, the NHS and social housing, would require changes to EU legislation. This case could embolden UK allies to support such a move." said Stephen Booth, from the Open Europe lobby group.
The German case involved two Romanian nationals, Elisabeta Dano and her son Florin, who were refused benefits in Leipzig because she "did not enter Germany in order to seek work there".
Additional reporting: ANZ, PA, Bilt, Daily Telegraph
E&OE google.com/+JulianBray All Enquiries 01733 345581 BROADCAST ISDN DIRECT LINK: 01733 345020 [G722 Codec] .