Thread by @StevePeers

Today's CJEU Advocate General's opinion on benefits for EU citizens with pre-settled status is now available in English -
curia.europa.eu/juris/document…

https://twitter.com/StevePeers/status/1408002897401597958

Short summary of the AG opinion.

First, it's not solely about EU citizens in the UK, but would apply to EU citizens who have moved between the remaining Member States too.

Secondly, it concerns equal treatment for benefits for those who are lawfully resident on the basis that national law treats them more generously than EU free movement law requires them to as regards lawful residence.

Next, the AG says that those EU citizens who move to another Member State and *don't* have lawful residence, because they neither meet the EU free movement law criteria to reside nor have Member States chosen to be more generous to them, don't benefit from his interpretation.

Also the opinion says that *not all* EU citizens who are lawfully resident on the basis of more generous national law necessarily get equal treatment for benefits. Rather, their applications must be considered on a case by case basis.

He gives an idea of the factors to be individually considered in this case. (Nb the opinion also notes that she spent time in a refuge following allegations of domestic violence, although that is not listed as a factor as such)

He concludes that poverty and family life are important individual factors to be considered (nb social assistance is directed in principle at poverty, and often takes the form of assistance for families or children)

We can't assume that the Court's judgment will follow the Advocate General's opinion, as the case law arguably points in different directions so it's not obvious how it will rule.

And the impact of any judgment along the lines of the AG opinion could be blunted by Member States being less generous about which EU citizens they choose to extend legal residence to when they don't have to.