167 / 536
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CYIL 7 ȍ2016Ȏ
THE SCOPE AND THE FUTURE OF EQUALITY OF TREATMENT…
is supported by the fact that, in each individual case, it will be difficult to prove the
unreasonableness of the burden, as social security national systems cannot be affected
by one supplementary beneficiary (Hailbronner, 2006).
52
Because of its vagueness,
this ground of unreasonable burden has been used considerably by Member States to
justify expulsions of Union citizens. This has been the case of Belgium, particularly
targeting students and economically poor citizens (family with insufficient financial
resources, job-seekers or workers under contracts of rehabilitation).
It would be also fruitful to explore more the compatibility of the derogations
to equal treatment of Article 24 with the provisions of the Charter of Fundamental
Rights of the European Union (Forni, 2011).
53
Despite its constructive and evolutive development, the principle of equality of
treatment of Union citizens in the move is still not complete. Instead of pursuing its
way, it encounters more and more obstacles due to the occurrence of new political,
economic and social challenges. Its present and future status is at stake while it is an
essential component of the fundamental right of freedom of movement of persons.
Questioning equality of treatment equals to question the fundamental right of
freedom of movement of persons itself. However, freedom of movement of persons
as a fundamental right cannot go under structural reforms. If one Member State
does not want to apply the provisions on freedom of movement, it should resign
from the EU (Guild, 2014). The question is how far can we restrict the existing
freedom of movement of persons without touching its hardcore. Secondary law’s
provisions are already strict enough for economically inactive Union citizens and
do not allow abuse of rights. If we are not ready for further integration, we should
at least not go further backward than the limits of Article 7 and 24 of Directive
2004/38/EC.
CARRERA, S. (eds.),
Illiberal Liberal States, Immigration, Citizenship and Integration in the EU
,
Ashgate, 2009, pp. 221-238.
52
HAILBRONNER K., Union citizenship and social rights in CARLIER J.Y. and GUILD, E. (eds),
The
future of free movement of persons in the EU
, Bruylant, 2006, pp. 65-79.
53
FORNI F., Free movement of Needy citizens after the binding Charter. Solidarity for all? In Di
Federico G., The EU Charter of fundamental rights- From declaration to binding instrument, Springer,
2011, pp. 125-144.