Pan-European Social Solidarity in the Wake of Recent UK Welfare Reforms

Labour migration within the European Union has recently turned into a major issue on the political agenda of several Member States. Along with political debates dominated by rather populist arguments, national governments have already introduced, or are aiming to introduce, new legislation designed to affect the position of Union citizens coming from other Member States. For instance, the British government’s recent reforms have amended the criteria for the entitlement of EU migrants to welfare benefits such as: Job-seeker’s Allowance, Income Support, Employment and Support Allowance, Housing Benefit, Universal Credit, Child Benefit and Child Credit Tax. Moreover, several significant changes have also been made with respect to the determination of the status of ‘worker’ and ‘job-seeker’ under Union law. This paper aims to examine from a legal standpoint whether such a national initiative complies with Union law, according to which Union citizens have a fundamental right to seek and engage in work, both in an employed and self-employed capacity, anywhere in the European Union on the basis of equality and non-discrimination on grounds of nationality. The primary focus in this regard, therefore, will be on the relevant provisions of Union secondary law and, more importantly, the jurisprudence of the Court, including the recent rulings delivered in Brey, Dano and Alimanovic. While some of the changes introduced by the British government are, in fact, in line with Union law, it is difficult, however, to formulate this conclusion in general terms. More specifically, it appears that the inconsistencies with Union law that are exhibited in the current UK welfare policy, in a way, reflect the lingering uncertainty as regards the actual boundaries of the pan-European social solidarity concept.