I cittadini europei inattivi e le condizioni per l'accesso alle prestazioni di assistenza sociale in uno Stato membro ospitante: quale lezione dall'ordinamento USA?

Abstract

EU migrants’ access to social assistance appears still strongly and incrementally related to the duration of their residency in the host Member State. In the US legal order, the mere bona fide simple residence is sufficient for the access to social assistance at the same conditions of long-term residents. Article 24, paragraph 2, of Directive 38/2004, on the contrary, provides exactly a sort of “durational residency requirement”, which, although unconstitutional in the US, allows EU Member States to refuse access to social assistance to EU citizens according to their time spent in the host state. A simple residence requirement, whereby a mere residence registration would be sufficient to allow immediate access to social benefits, seems necessary also in the EU legal system, in accordance with the principle of non discrimination based on nationality and the principle of solidarity.