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Parliamentary questions
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22 April 2013
Question for written answer P-004500-13
to the Commission
Rule 117
Marek Siwiec (S&D)

 Subject:  EU rules on freedom of movement
 Answer in writing 
On 25 March 2013, the UK Prime Minister, David Cameron, declared in a speech on immigration that he intends to change the status of immigrants to the UK benefiting from the EU’s rules on freedom of movement and that he will restrict their access to housing benefits and to the National Health Service (NHS). In particular, he announced that:
people arriving from an EU Member State who are not able to find a job will lose their right to the jobseekers’ allowance after six months;
regarding eligibility for council housing, local people will be given priority, and immigrants will not be eligible until they have been in the country for 2 years;
measures will be taken in order to restrict access to health services which could mean non-EU nationals having to prove they hold insurance before obtaining care.

Given that Article 45 of the Treaty on the Functioning of the European Union guarantees the free movement of workers within the territory of the Member States and outlaws all forms of discrimination on the basis of nationality with regard to employment, reimbursement and other working conditions:

Does the Commission think that these announcements violate the EU’s fundamental treaty rule concerning the right of EU citizens to move freely? Has the Commission considered whether the above statements are in conflict with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, as well as Commission Regulation (EC) No 635/2006 of 25 April 2006 repealing Regulation (EEC) No 1251/70 on the right of workers to remain in the territory of a Member State after having been employed in that State?

 OJ C 33 E, 05/02/2014
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