CJEU rules that third-country nationals have equal rights as EU citizens to social assistance

The recent European Court of Justice judgment in the case C-571/10 Kamberja concerns an Albanian national who held a residence permit for Italy, but was refused certain housing benefits on the basis that the funds for those benefits were exhausted. The appellant argued that such refusal was discriminatory as it differentiated between him (a third country national) and European Union citizens as the funding was categorised in this manner, and it appeared that only the funds for the third country national category were exhausted. The question of whether this differentiation was discriminatory was referred to the Court of Justice of the EU.

Two EU law issues arose in this context - namely the interaction of EU legal order and the national legal order with the ECHR. Furthermore, the interpretation of Directive 2003/109/EC in relation to the status of third country nationals was also considered. The court was of the opinion that said method of allocation of benefits would place third country nationals at a disadvantage in that they have the same economic needs as EU citizens.

The remit of Directive 2003/109/EC was considered with regard to social security assistance and protection and it was assessed that these areas fell within the remit of member states to decide in addition to limiting equal treatment with regard to social assistance and core benefits. As core benefits are not fully defined in the Directive, housing benefits fall within this category they relate to   a person’s basic need to accommodation.  The Court referred to the Charter of Fundamental Rights and its recognition of a right to housing assistance for those who lack sufficient resources.

The Court held that in consideration of the above principles that “EU law precludes a national or regional law which provides for different treatment for third country nationals of the Member State in which they reside.” This is because housing benefits fall within the three areas covered by the principle of equal treatment contrary to the Directive regarding third country nationals.

With this in mind, EU equal treatment should be applied to persons who are in receipt of housing benefit so that a “decent existence” can be achieved for those who do have sufficient resources. The ruling has a huge significance for ensuring access to socio-economic rights for long-term resident third-country nationals living in Member States.

Click here to see a more detailed post by Brophy’s Immigration Blog on the case.

Click here to read the judgment of the case.

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