All views are personal to the author who has not been involved in any of the cases addressed. Thanks go to the anonymous reviewers of EuConst. 1 On the interrelationship of both see notably Editorial Comments, 'The free movement of persons in the European Union: Salvaging the dream while explaining the nightmare', 51 CMLRev (2014) p. 729-740. 2 The Court was first asked to interpret what is now Art. 21 TFEU in Case C-193/94, Skanavi [1996] ECR I-943. 3 This provision had already been incidentally considered by the Court in ECJ 4 June 2009, Joined Cases C-22/08 and C-23/08, Vatsouras and Koupatantze, in the course of examining the validity of Art. 24(2) of Directive 2004/38. See on this judgment Elaine Fahey, 'Interpretive legitimacy and the distinction between "social assistance" and "work seekers allowance"', 34 ELRev (2009) p. 933. 4 § 7(1)(2) Nr. 2 of Book II of the German Code of Social Law (SGB II).