Free Movement of “Needy” Citizens After the Binding Charter. Solidarity for All?

Abstract

The Chapter offers an overview of the developments in the field of free movement of persons with particular emphasis on the creation and strengthening of EU citizenship. Notwithstanding the progresses in this area, it is argued that EU citizens are not “perfectly equal”. A first discrimination exists between “needy” citizens and “indigents”. A second discrimination derives from the “incremental approach” which links the rights of EU citizens to their period of residence in the host country. The author argues that this situation is incompatible with Art. 9 TEU. The principle of equality can play an important role by influencing the case law of the Court of Justice on “reverse discriminations”. In addition it would allow Union citizens free movement regardless of their income. The author concludes that with a binding Charter, the EUCJ will be able to rely on concrete rights contained in both the Title on Citizens’ Rights and in the Title on Solidarity, rather than on indefinite principles such as the principle of proportionality.