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In two weeks the European Council will perform a vanishing act: the right to not be discriminated against as an EU citizen when moving to another country will disappear before our very eyes!

The European Treaty, our common law, clearly gives all of us the freedom of movement throughout the Union’s territory and the right not to be discriminated against on the grounds of nationality. How could such a right disappear overnight following political negotiations in the European Council? It seems that EU Heads of State are considering denying EU migrants access to in-work benefits for up to four years on grounds of their nationality – in clear contravention of the Treaty.

If the Treaty cannot be changed, how can our decision-makers go around it? They keep the same objective – denying EU migrants in-work benefits for four years – but use an alternative instrument; the “emergency break”, which would permit a Member State to ban such benefits to migrants on the grounds of over-burdened public services. According to the United Kingdom’s Prime Minister the European Commission has given evidence that the UK’s public services are under significant strain.

EU Heads of State will be called on to approve this change in the implementation of the Treaty. I wonder how many cases will go to the European Court of Justice based on individual cases of discrimination and how any state applying the “emergency break” will be able to justify its use against a specific individual. I agree that the EU and its Member States need to be able to protect public services, but should this come at the cost of someone’s rights? I find such an exchange very hard to stomach.

Let’s engage!

Pierre Baussand, Director