Gusa -v- Minister for Social Protection & ors [2016] IECA 237 (13 July 2016)

Gusa -v- Minister for Social Protection & ors [2016] IECA 237 (13 July 2016)

The Court concluded that clarification from the CJEU is required on whether a self-employed EU citizen retains the right to reside and status after involuntary cessation of economic activity, and whether refusal of jobseekers allowance for lack of right to reside is compatible with EU law.

Citation
[2016] IECA 237
Parties
Applicant/appellant: Florea Gusa; Respondents: Minister for Social Protection, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
13 July 2016
Procedural Posture
Civil Appeal / Interim Ruling; Reference to CJEU
Outcome
Reference to CJEU for preliminary ruling; no final determination of appeal pending outcome.
Legal Topics
Right to Reside, Jobseekers Allowance, Non Contributory Special Benefits, Discrimination, Habitual Residence, Self Employed Status, Directive 2004/38/ec, Regulation 883/2004
EU Law Social Welfare Law Immigration Law Right to Reside Jobseekers Allowance Non Contributory Special Benefits Discrimination Habitual Residence +3 more

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Parties

Florea Gusa

Applicant/appellant

Minister for Social Protection, Ireland and the Attorney General

Respondents

Procedural Posture

Civil Appeal / Interim Ruling; Reference to CJEU

Legal Issues

  1. 1 Whether a self-employed EU citizen retains the right to reside in Ireland after cessation of economic activity due to economic downturn
  2. 2 Compatibility of refusal of jobseekers allowance with EU law when right to reside is not established
  3. 3 Requirement for individual assessment of burden on social assistance system

Ratio Decidendi

The Court concluded that clarification from the CJEU is required on whether a self-employed EU citizen retains the right to reside and status after involuntary cessation of economic activity, and whether refusal of jobseekers allowance for lack of right to reside is compatible with EU law.

Court Disposition

Reference to CJEU for preliminary ruling; no final determination of appeal pending outcome.

Orders

  • Parties to consider wording of questions for reference to CJEU.
  • Three questions referred to CJEU regarding retention of self-employed status, right to reside, and compatibility of refusal of jobseekers allowance with EU law.