4.3. double benefits to individuals. CJEU also4.3. double benefits to individuals. CJEU also

4.3. Access to benefits for jobseekers

4.3.1. First-time job seekers’ access to benefits

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In
obedience to the Directive on free movement, candidates have a mixed
status. Even if they do not contribute to the enhancement of the productivity
of the accepting society, they still remain potencial members of the labor
force.

This directive sorts into two types: unemployed, who once
worked on the EU’s territory before belong to this type and those who just
start searching for work, who moved to the host Member State to find work
there. People who worked on the territory of the host Member State preserve
their status of self-employed after completion the their work under certain
conditions. In accordance with Article 7 (2) of Directive 2004/38, EU citizens
preserve the status of employees, granted that they are duly registered as
involuntarily unemployed after working for more than one year, after which they
register with the employment office as a applicants for a job. In appliance
with Article 7 (3), despite the loss of work, the employees retain the status
for 6 months. The same condition applies to people, who have been hired under a
fixed-term contract for less than one year. But people seeking work for the
first time do not have the retaining status of an employee, since they have
never worked in a receiving member state before.

Aversely, the Union legislator assures an equal treatment
for migrants searching for work and for those who represent precarious
potential economic activity. (51)

Article 24 (2) of Directive 2004/38 exempts from equal
treatment in social assistance and at the same time seeking work for the first
three months. What means that the EU does not have to pay double benefits to
individuals.

CJEU also marked migrant workers who became job seekers and
jobseekers, who was looking for a job for the first time in the host Member
State. As a result, those who were looking for a job for the first time had no
right to equal treatment with citizens in relation to unemployment benefits.
(52)

But nonetheless, in the case of Collins and Vatsuras, after
the establishment of an EU citizen, they are looking for work and the right to
equal treatment in relation to benefits, which would help to get access to the
labor market. (53) The Vatsuras case was related to the gaining access to the
German market for job-seekers (54), which the German authorities called as
“social assistance” in the sense of Article 24 (2) of Directive 2004/38.
But still the CJEU stated, that the benefits allocated to provide job-seekers
life will be aimed at facilitating access to the labor market, which is not
social assistance, regardless of the statute in accordance with national laws.

Additionally, job-seekers may claim for unemployment
benefits in these Member States where these benefits are not subject to the
type of “social security benefit”, despite the SNCB requirements in
accordance with Annex X of Regulation 883/2004 . Job seekers may claim for benefits
if they are usually resident in a Member State. (55) Candidates for certain
benefits, such as the SNCB, are defined using a residence-based rule
established for SNCB under Directive 883/2004. However, in the Bray case, the
CJEU clarified, that the Free Movement Directive allows Member States to
restrict access to social benefits for Union citizens, that they do not become
a burden to the social assistance system of host Member States. (56)