"[It's] a major endorsement of our stance on benefit tourism and our views on free movement," said the Conservatives' employment spokesperson in Europe, Anthea McIntyre.
"It shows we are right to restrict benefits going to EU nationals, who haven't paid into the system in this country."
The case McIntyre is referring to is a ruling by the European Court of Justice (ECJ), involving a Swedish mother of three who had moved to Germany to look for work. After working in a temporary job for less than a year she and her eldest daughter claimed welfare benefits. But the authorities in Berlin cut the benefits because the family's right of residence was based on searching for a job.
Health tourism and benefits tourism — what do these terms really mean — and are they major issues for the UK? http://t.co/CvBg2LWih3
— MigrationObservatory (@MigObs) August 6, 2015
The European Commission said:
"There are clear limits to the entitlement of economically non-active EU citizens, as well as for job-seekers, when moving to another EU member state."
The decision means countries like Britain, can refuse economic migrants access to the UK's welfare system in what's been dubbed 'benefit tourism' and could also assist Cameron in his renegotiation of Britain's relationship with the EU.
UK Prime Minister David Cameron has already promised to 'get tough' on immigration by restricting access to welfare benefits and claimed immigration would be at the heart of his renegotiation strategy for Europe. Cameron is under pressure to be seen to be taking a strong stance on EU migrants, following a surge in support for the UK Independence Party (UKIP) and its leader Nigel Farage.
CONSERVATIVE PLAN TO ABOLISH UK WELFARE BENEFITS / SOCIAL SECURITY SYSTEM pic.twitter.com/KBD7qdOIuy
— cocoandghosty3 (@cocoandghosty3h) September 11, 2015
But the ruling from Luxembourg stipulated that "a jobseeker cannot be expelled for as long as he can provide evidence that he is continuing to seek employment and that he has a genuine chance of being engaged," the judges ruled — which is a blow to Cameron's plans to make EU job seekers leave the UK after six months, if they failed to find a job.
The UK Prime Minister also wants a 'red card' for national parliaments to work together to block unwanted European legislation; less interference from European institutions, including the European Court of Human Rights and the European Court of Justice.
But it seems this ruling from the ECJ falls in Cameron's favor, as the EU court's decision puts individual countries in charge of implementing their own welfare systems — and the British PM is calling for exactly that — more autonomy.
However, the European Commission also hailed the judgement as evidence that the EU's freedom of movement model works — a ruling that won't be popular with David Cameron who has been told by other EU leaders it's not up for negotiation.
Cameron has promised to hold and In/Out referendum on Britain's membership of the European Union before the end of 2017.
