Waiting for Brexit vote, Great Britain scores a point in the contest with Europe. The European Court of Justice has established that the United Kingdom can deny access to social benefits (especially family allowances) to EU citizens who do not have a residence permit in British territory. The case had been brought to the Court's attention by the European Commission.
The judges admit that this is indirect discrimination – as supported by the EU executive – but argue that it is justified by London's need to protect its public finances.
In fact, family allowances and the tax credit for dependent children are services financed not through the contributions of the beneficiaries, but through taxes. In order to be eligible for these services, British legislation requires the applicant to meet three requirements: in addition to being the holder of a residence permit, he must have his habitual residence and be physically located in the United Kingdom.
British Prime Minister David Cameron had in the past insisted on the need to be able to limit welfare measures in favor of citizens of other EU countries, so as to also reduce the weight of intra-European immigration.
The ruling by the European Court of Justice, however controversial, could have weight in the final days of the electoral campaign before the June 23 referendum. In fact, the ruling is one of the main weapons in the hands of the pro-Brexit front, which is asking to leave the EU also to reduce the number of immigrants and protect the British welfare state.
At the end of the morning, the EU Commission also commented on the sentence of the EU Court of Justice on social rights: it indicates that the agreement defined by the heads of state and government at the end of February with Great Britain is fully legitimate, said the spokesman of the community executive. The Commission lost the case to the Court but the spokesman indicated that at the material time there was not the necessary legal clarity. In any case, the sentence confirms that “the free movement of people does not automatically mean free access to the social rights of each individual country.
