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Labour

Overview

Labour market policy

Basic income support for jobseekers

Skilled workers

Transformation of the world of work

Labour Law

Occupational Safety and Health

Social Affairs

Overview

Social Insurance

Statutory accident insurance

Old-age security in Germany

Social Assistance

Socialcompensation law

Health Care

Participation and inclusion

Europe and the World

Overview

Europe

Overview

#MySocialEurope: Germany's Presidency of the Council of the European Union

Employment and social policy in the EU

Working in another EU country

EU external relations

Migration from third countries

European Funds

Overview

European Social Fund (ESF)

European Globalisation Fund (EGF)

Fund for European Aid to the Most Deprived (FEAD)

International

Overview

International Employment and Social Policy

Labour and Social Policy at the G7/G20 Levels

Corporate Social Responsibility

Twinning in Labour and Social Policy (Administrative partnerships)

Bilateral social security agreements outside the European Union

International Organisations

Services

Overview:  Services

Contact

Publications

Overview

Shopping cart

Press

Overview

Recent Publications

Press photos

Overview

Press photos of the minister

Press photos of the state secretaries

RSS

The Ministry

Overview: The Ministry

BMAS at a Glance

Political Staff

Visitor Centre

Europe

Access to social benefits and exclusion from benefits

The Free Movement Directive provides EU citizens who are entitled to free movement with the right to equal treatment.

Directive 2004/38/EC ("Free Movement Directive") provides EU citizens who are entitled to free movement with the right to equal treatment (Article 24 (1)). But in accordance with Article 24 (2), member states are not obliged to confer entitlement to any tax-financed social benefits to persons other than workers, self-employed persons or persons who retain such status during the first three months of residence or during a longer job-searching period. This policy takes up the incremental residence rights from the Free Movement Directive (see legal framework).

Germany has introduced such exclusions from benefits in section 7 of Book II of the German Social Code and in section 23 of Book XII of the German Social Code. The Court of Justice of the European Union has confirmed this principle in various preliminary rulings providing a high level of clarification at the EU level on exceptions from the principle of equal treatment in the field of access to social benefits ("Dano vs. Jobcenter Leipzig" (C-333/13), "JC Neukölln vs. Alimanovic" (C-67/14), "Jobcenter Recklinghausen vs. Garcia" C-299/14) , "JobCenter Krefeld" (C-181/19).

You can find further information on the entry and residence of EU citizens here on the website of the Federal Ministry of the Interior.

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