EU Citizens, Residence Rights and Solidarity in the Post-Dano/Alimanovic Era in Germany

In: European Journal of Migration and Law
Stamatia Devetzi Professor of Social Security Law, University of Applied Sciences Fulda Germany

Search for other papers by Stamatia Devetzi in
Current site
Google Scholar
Download Citation Get Permissions

Access options

Get access to the full article by using one of the access options below.

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institution


Buy instant access (PDF download and unlimited online access):



The Dano and Alimanovic decisions of the ECJ have triggered various developments in German social security law and (social) court jurisprudence. While the German courts’ rulings regarding the rights of non-active EU migrants still vary, the legislator has moved towards excluding more EU citizens from receiving non-contributory benefits. In the aftermath of Dano and, more specifically, Alimanovic, the provisions of Book II of the German Social Code were revised at the end of 2016. The new rules not only ‘confirm’ the ECJ-decisions, but also go beyond, as far as to exclude EU migrants who have residence rights according to Reg. (EU) No. 492/2011.

This article discusses these recent developments. It focuses on the ECJ-case law regarding Art. 10 of Reg. (EU) No. 492/2011 (former Art. 12 of Reg. 1612/68), in particular the Ibrahim and Teixeira rulings. Which residence rights do prevail—those according to Dir. 2004/38/EC or those based on Reg. (EU) No. 492/2011? It is argued that a new discussion on the interrelation between Dir. 2004/38/EC and Reg. (EU) No. 492/2011—an aspect ignored by the German legislator—is emerging: What started as a restriction of access to national welfare for economically non-active persons has obviously reached the ‘economically active’ (= workers) as well. The German example shows that Member States may be testing which other residence rights—in addition to those for short stays and job searches—might be valid before the ECJ ‘as residence rights without social rights’.

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 892 118 5
Full Text Views 188 38 4
PDF Views & Downloads 301 96 12