Free movement in the European union and benefits not contributory Social Security and Social assistance

Abstract

The right of nationals of other Member States to non-contributory benefits granted by the State of residence has been very lenient for decades. To deal with the extensive case-law of the Court of Justice, the Member States have always reacted by reforming the coordination regulations to avoid the export of benefits which they wish to reserve for their own nationals. With the entry into force of Directive 2004/38 interpretative problems have increased since for the purposes of that Directive social assistance benefits can be classified as social security benefits from the point of view of Regulation 883/2004.