EU Court: states can impose a place of residence to non-EU citizens who live on social security
A place-of-residence condition may be imposed on
beneficiaries of subsidiary protection if they face greater integration
difficulties than other non-EU citizens who are legally resident
in the Member State that has granted such protection (asylum status),
ruled the Court of Justice.
The case involved two
Syrian nationals, Ibrahim Alo and Amira Osso, who travelled to Germany
in 1998 and 2001 respectively. They sued the German state for imposing
an obligation to reside in a fixed place in order to receive social
benefits.
The EU top court ruled today that such residence requirement is indeed compatible with EU law.
Under
an EU Directive, Member States must allow freedom of movement within
their territory to persons to whom they have granted subsidiary
protection status, under the same conditions as those provided for other
non-EU citizens who are legally resident there.German law provides
that, where beneficiaries of subsidiary protection receive social
security benefits, their residence permit is issued subject to a
condition requiring residence to be taken up in a particular place
(“residence condition”). The aim of the condition is to ensure a
balanced distribution of the costs of those benefits among the various
competent institutions and to facilitate the integration of
non-EU citizens in German society.
The Court points out in that regard that beneficiaries of subsidiary protection cannot, in principle, be subject to more restrictive rules, as regards the choice of their place of residence, than those applicable to non-EU citizens legally resident in the Member State concerned and, as regards access to social assistance, than those applicable to nationals of that Member State.
Nevertheless, the Court takes the view that a residence condition may be imposed exclusively on beneficiaries of subsidiary protection if they are not, so far as the objective of the national rules in question is concerned, in a situation which is objectively comparable with that of non-EU citizens legally resident in the Member State concerned or that of nationals of that State.
However, the Court states that it will be for the Bundesverwaltungsgericht in Germany to determine whether beneficiaries of subsidiary protection in receipt of social assistance face greater difficulties relating to integration than other non-EU citizens legally resident in Germany and receiving social assistance. If those two groups of persons are not in a comparable situation so far as the objective of facilitating the integration of non-EU citizens in Germany is concerned, the Directive does not prevent beneficiaries of subsidiary protection status from being subject to a residence condition for the purpose of promoting their integration, even if that condition does not apply to other non-EU citizens legally resident in Germany.
The Court points out in that regard that beneficiaries of subsidiary protection cannot, in principle, be subject to more restrictive rules, as regards the choice of their place of residence, than those applicable to non-EU citizens legally resident in the Member State concerned and, as regards access to social assistance, than those applicable to nationals of that Member State.
Nevertheless, the Court takes the view that a residence condition may be imposed exclusively on beneficiaries of subsidiary protection if they are not, so far as the objective of the national rules in question is concerned, in a situation which is objectively comparable with that of non-EU citizens legally resident in the Member State concerned or that of nationals of that State.
However, the Court states that it will be for the Bundesverwaltungsgericht in Germany to determine whether beneficiaries of subsidiary protection in receipt of social assistance face greater difficulties relating to integration than other non-EU citizens legally resident in Germany and receiving social assistance. If those two groups of persons are not in a comparable situation so far as the objective of facilitating the integration of non-EU citizens in Germany is concerned, the Directive does not prevent beneficiaries of subsidiary protection status from being subject to a residence condition for the purpose of promoting their integration, even if that condition does not apply to other non-EU citizens legally resident in Germany.
The
ruling will have wide implications in the present refugees crisis,
allowing some countries or regions to arrive at a more even distribution
of the financial burden for the social services and health structures
by imposing a place of residence to asylum seekers and migrants who are
allowed to reside permanently or for a limited time.
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