'Common sense' or a threat to EU integration? The court, economically inactive EU citizens and social benefits

In Elisabeta Dano, Florian Dano v Jobcenter Leipzig, the Court of Justice of the European Union (CJEU) ruled that an economically inactive European Union (EU) citizen who does not have sufficient resources to support herself and therefore does not fulfil the requirements set out in article 7(1)(b) of Directive 2004/38 for legal residence, was not entitled to equal treatment with nationals of the host Member State. As a result, such citizens could be denied access to non-contributory social benefits. In determining whether individuals have sufficient resources to support themselves, national authorities must take individual circumstances into account. The CJEU justified its decision by recognising that Member States must be allowed to prevent Union citizens from becoming ‘a burden on the social assistance system’ of the host State.