Commissioner Michael McGrath, in a written answer on 10 July 2026, affirmed that Member States can differentiate between economically active and inactive EU citizens when granting family-related social benefits, citing established Court of Justice case law. The answer, responding to a question from MEP Christine Anderson (ESN), clarifies that such differentiation is permissible under EU law to protect national welfare systems from unreasonable burdens.
McGrath's response references the Dano and Alimanovic rulings, which held that economically inactive EU citizens who do not meet residence conditions under Directive 2004/38/EC may be excluded from social assistance. He also noted that under Article 24(2) of the directive, Member States may limit access to social assistance for non-economically active mobile citizens for certain periods. By contrast, workers, self-employed persons, and their families are entitled to equal treatment from the start of their stay.
The Commission considers protecting the financial viability of national social benefit systems a legitimate aim under EU law, as recognized by the Court. The answer provides no new legislative proposals but reaffirms existing legal frameworks, offering clarity to Member States seeking to restrict benefits for economically inactive EU citizens. This policy orientation supports national sovereignty over welfare systems while maintaining protections for mobile workers, balancing integration principles with fiscal sustainability. No immediate institutional follow-up is expected, as the answer merely restates current law.