Reinhard Schwarz-Schilling: Werkverzeichnis und Schriften

Thym, Jürgen; Heller, Margot

doi:10.2307/941220

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“…It cannot therefore be ruled out that a substantial number of illegally residing migrants stay, under precarious circumstances, in Germany. 78 While this is indeed an issue for the national legislature to address, 79 the latter may also decide of its own motion to grant the benefits which EU law does not require. With Germany having denounced the applicability of the European Convention on Social and Medical Assistance 80 to the 'basic provision' under SGB II and the Court of Justice declining jurisdiction as regards the Charter, 81 a genuine entitlement of economically inactive Union citizens to this type of benefits in Germany now seems to depend on whether the Federal Constitutional Court will find this to be a matter of equal treatment.…”

Section: Precarious Residence As a Consequence?mentioning

confidence: 99%

Timeo Danones et dona petentes

Düsterhaus¹

2015

European Constitutional Law Review

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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).

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Section: Precarious Residence As a Consequence?mentioning

confidence: 99%

Timeo Danones et dona petentes

Düsterhaus¹

2015

European Constitutional Law Review

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Reinhard Schwarz-Schilling: Werkverzeichnis und Schriften

Cited by 1 publication

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Timeo Danones et dona petentes

Timeo Danones et dona petentes

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