European (internal) migration law as an instrument for defining the boundaries of national solidarity systems

In recent years much discussion has taken place on the definition of the boundaries for not economically active persons moving within the EU of national solidarity systems guaranteeing a minimum level of subsistence. The main purpose of this article is to demonstrate how different parts of European (internal) migration law have been serving as an instrument in the defining of these boundaries. It will first analyse what has been agreed in the social security co-ordination Regulation 1408/71 on the responsibility that lies on the Member State of residence for the payment of minimum subsistence benefits. Special attention will be paid to the consequences of this financial responsibility for the application of the directives on the right of residence, both for EU citizens (Directive 2004/38) and for long-term resident third country nationals (Directive 2003/109). The article will then comment on the recent case law of the ECJ (and the reactions to it in academic literature) on the entitlement, for not economically active EU citizens, to social minimum benefits in the state of residence. These developments will be placed in the context of what has recently been agreed by the Community legislature on the non-contributory mixed type benefits in Regulation 1408/71.