The right to social assistance for economically inactive migrating Union citizens: The Court disregards the principle of proportionality and lets the Charter appease the consequences

In a new case on the right to social assistance for inactive migrating Union citizens, CJEU delivered judgment in which it confirmed its restrictive interpretation of relevant primary and secondary law. At same time, however, invoked EU Charter appease consequences that. This note critically analyses Court’s application principle non-discrimination Article 18 TFEU 24 Directive 2004/38/EC. It also comments implicit refusal apply citizen who has acquired residence host country solely basis national law that Member State. Further, examines role ascribed by Court this Charter. The conclusion is risks jeopardizing number fundamental basic principles while leaving questions open.