Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 03/01/2016

Subject: The Court affirmed that a residence condition imposed on a beneficiary of subsidiary protection status constitutes a restriction of the freedom of movement guaranteed by that article, even when it does not prevent the beneficiary from moving freely within the territory of the Member State that has granted the protection and from staying on a temporary basis in that territory outside the place designated by the residence condition. According to the Court, Directive 2011/95 precludes the imposition of a residence condition on a beneficiary of subsidiary protection status in receipt of certain specific social security benefits, for the purpose of achieving an appropriate distribution of the burden of paying those benefits among the various institutions competent in that regard, when the applicable national rules do not provide for the imposition of such a measure on refugees, third-country nationals legally resident in the Member State concerned on grounds that are not humanitarian or political or based on international law or nationals of that Member State in receipt of those benefits. Finally, the Court affirmed that Directive 2011/95 does not preclude a residence condition from being imposed on a beneficiary of subsidiary protection status, in receipt of certain specific social security benefits, with the objective of facilitating the integration of third-country nationals in the Member State that has granted that protection — when the applicable national rules do not provide for such a measure to be imposed on third-country nationals legally resident in that Member State on grounds that are not humanitarian or political or based on international law and who are in receipt of those benefits — if beneficiaries of subsidiary protection status are not in a situation that is objectively comparable, so far as that objective is concerned, with the situation of third-country nationals legally resident in the Member State concerned on grounds that are not humanitarian or political or based on international law, it being for the referring court to determine whether that is the case

Parties: Alo

Classification: Freedoms - Art. 18 Right to asylum - Refugees - Solidarity - Art. 34 Social security - Citizens’ rights - Art. 45 Freedom of movement

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