In the EU, the case is clear: The member States have to treat all EU citizens in social issues. As sets, the Union citizens Directive. It regulates within the EU, the Details of the free movement of persons.
The EU expects Switzerland, taking in the Directive. The Federal Council . Because the two sides could not reach an agreement in the negotiations, does not mention the policy in the draft framework agreement. After accepting the agreement, the risk that Switzerland could be forced by a court of arbitration, to accept the Directive. The Federal Council writes in its explanation of the framework agreement.
There, he also captures for the first time, which EU citizens are entitled after transposition of the Directive in Switzerland, social assistance . There are mainly EU citizens who are not staying long in Switzerland:
unemployed: citizens of the EU, which will be released in Switzerland Today, in the first year of Residence are not entitled to social assistance. They are longer than a year in Switzerland, they forfeit the right to social assistance six months after loss of office, or six months after the end of any unemployment compensation. According to the Directive, EU citizens after a dismissal in the first year of Residence are entitled to social assistance during six months. After more than a year, the entitlement to social assistance is unlimited. Under the condition that they actively seek a new job, and a reasonable Chance to get one.
inactive: Already, the agreement on free Movement, EU-citizens are allowed to resettle with enough money without a Job in Switzerland – for example, pensioners. So far, however, These persons are not entitled to social assistance. You can refer to this, however, is an automatic deprivation of the right of residence. According to the Directive, you have three months right of regular residence from a social aid and must not be shown automatically. The claim is not unlimited and must be examined in each individual case.
for This purpose, has, like the European court of justice 2013, a Leiturteil: A German retired couple, were denied to demUmzug to Austria supplementary services – with the note that you are not able to stay because of their financial situation in the country. For the court, the automatic exclusion was not allowed.
forever in Switzerland
The section to the Union citizens Directive in the explanatory notes of the Swiss Federal Council Secretariat for Migration is based on an internal paper of the state. It shows that other groups of people by the expansion of the social assistance entitlement would be affected:
student: Come in today for EU citizens to study in Switzerland, you are not entitled to government assistance. You are instructed, nevertheless, of a sudden, you lose your right to stay. In accordance with the Directive can no longer be excluded from student generally of aid or social assistance. Also your right to stay is not provided with the financial support automatically out of the question.
Residents: The free movement of persons agreement has no automatic, indefinite right of residence. Today, the Swiss authorities may issue a rule, after ten years, a permanent residence permit. Is not required for EU citizens. With the Directive would change that. An EU citizen would be a mandatory residence after five years of lawful stay for the duration of the holder. This Status can be for long relation of social assistance to a significant extent not withdrawn. With a permanent residence permit is possible today. Since 1. January even then, if an EU citizen lives more than 15 years in Switzerland.
on what the financial consequences could have all these adjustments for the Swiss social assistance, the absence to date information. A spokesman informs, the state Secretariat for Migration did not have a consolidated and approved calculations. Also, the number of cases will not speculate"". The Federal Council writes, however, "is a particularly problematic aspects".
The claims will be applied
citizens of the EU, which came under the agreement on free Movement in Switzerland, with around 2 per cent, a slightly lower Figure than the Swiss. In a report by the state Secretariat for economic Affairs was investigated, when and how many of the 90'000-EU immigrants for the year 2010 based social assistance. In the second year after the arrival in Switzerland there were about 1000 people in the fifth to about 2500.
The experience in the EU with the Union citizen Directive show: Who is traveling only because of the social assistance in another member state must not stay permanently and may be excluded from social benefits. The European court of justice: A Romanian who had worked in their home country nor in Germany ever confirmed, was denied in Leipzig, right to social assistance.
However, those advanced a claim to social assistance, the Federal Council describes in its explanatory notes to the framework agreement, the EU actually applied. This is a evaluation of the Bundestag for Germany showed, anyway.
Created: 06.02.2019, 22:18 PM