Collins v Secretary of State for Work and Pensions (Case C-1...

Facts

• The case concerned the entitlement of EU nationals to jobseeker’s allowance while seeking employment in the United Kingdom.
• The applicant, an EU national, challenged the UK's conditions for accessing jobseeker’s allowance for non-nationals.
• Jobseeker’s allowance eligibility intersected with the rights of free movement under Article 45 TFEU and the host Member State’s social security requirements.
• Member States were imposing residence and habitual residence requirements to access social benefits, impacting EU citizens moving between states.

Issues

1. Whether Member States may require EU nationals seeking jobseeker’s allowance to demonstrate a genuine link with the host Member State’s labour market.
2. Whether conditions for access to jobseeker's allowance may be set so that they do not discriminate or unduly restrict the rights of free movement under EU law.
3. How the concept of "worker" and "habitual residence" should be interpreted for eligibility for social security benefits under EU law.

Decision

• The CJEU held that Member States may require evidence of a genuine link between the jobseeker and the host Member State’s labour market.
• This genuine link could be demonstrated through prior employment, concrete job-seeking efforts, or intention to integrate into the workforce.
• Conditions for accessing jobseeker’s allowance must not be more stringent for EU nationals than for the host state's own citizens.
• Residence requirements are permissible but cannot be disproportionately restrictive or discriminatory against EU nationals.
• The assessment of habitual residence must evaluate all personal circumstances, including duration and purpose of stay and connection to the host State.

Legal Principles

• Free movement of persons under Article 45 TFEU prohibits discrimination based on nationality regarding employment and social benefits.
• The right to access jobseeker’s allowance depends on establishing a genuine connection with the host state’s labour market; mere intention to seek work does not automatically confer "worker" status.
• Member States may set reasonable, proportionate conditions for social benefits access, including residence requirements, provided these do not undermine the principle of non-discrimination.
• The principle of equal treatment requires that eligibility requirements do not place EU jobseekers at a disadvantage compared to nationals.
• Assessment of habitual residence should be comprehensive and not mechanically applied.

Conclusion

The CJEU in Collins clarified that Member States may require EU jobseekers to demonstrate a genuine link with the host country’s labour market to qualify for social benefits, provided such requirements are not discriminatory or excessively restrictive, thereby balancing free movement rights with the integrity of national social security systems.