EU states can take measures to prevent "benefit shopping" but they must be applied across the board
One of the advantages of upcoming EU membership for the Czech Republic is that it will allow Czechs to become part of a unified labour market once all transitional restrictions are lifted. Not only will this ultimately enable them to work wherever they want within the EU, it will also allow them to avail of the social-security services that exist in their chosen country of residence.
"The basic premise of the issue of social security within the EU is that - by going to another member state to live and work - you shouldn't be disadvantaged. In other words, you shouldn't lose out on stuff that you are entitled to. The other basic principle is non-discrimination on the grounds of nationality. Those are the two basic principles: that you shouldn't lose out as a result of moving and that you should get the same sort of entitlement - as you earn it - as somebody from that member state."
But what about the fact that different EU countries have different welfare systems? And that some people may be partly covered by more than one social-security net? If, for example, a Czech person works for a short while in a country such as Ireland, and pays social insurance at Irish levels, what would he then be entitled to if he were to lose his job?
"That's exactly the sort of question I can't answer precisely without an in-depth knowledge of the Irish social security system and perhaps even the Czech one as well. What I can say is that - as a Czech national - no distinction should be made as to what he would be entitled to if he were French or Spanish or Irish. So, if an Irish person works for a year-and-a-half and has an entitlement to some unemployment benefits - purely as a result of working and not as a result of any previous residence or whatever - then no distinction should be made in terms of access to those benefits for other nationals."
Some governments have even been taking action to counter the perceived threat of so-called "benefit shoppers" coming from abroad for the sole purpose of "plugging-in" to their welfare systems. This includes measures such as making it mandatory for a person to have been working in a country for a certain period of time before he or she is entitled to claim benefits.
Ms. Mochan says that such measures are legitimate provided that they are applied across the board and do not discriminate against any particular group or nationality:
"Member states are free to design their own social-security system. If a member-state wishes to amend its benefit system to avoid "benefit shopping", they're perfectly free to do that. What they are not free to do is distinguish between different groups of member states who have entitlements to benefits. Obviously, once member states have adopted final texts with regard to the opening-up of labour markets after enlargement, the Commission will be examining them to see whether they are contrary to the basic principles of Community Law."
