The European Court of Justice (ECJ) [official website] on Tuesday rejected [judgment] a challenge to Britain’s refusal to pay family welfare benefits to unemployed EU migrants who do not have the right to reside in the UK. The judges ruled that such unequal treatment is justified on the basis of protecting a member state’s finances. The European Commission argued that Britain’s actions were discriminatory. However, the court disagreed finding nothing preventing the UK from requiring immigrants to be legal residents in order to be eligible for welfare benefits. The right to reside test allows migrant workers to move freely, promoting freedom to work, yet does not grant these individuals a claim to benefits.

The rights of migrant populations has emerged as one of the most significant humanitarian issue around the world, as millions seek asylum from conflict nations. Last week the ECJ ruled that non-EU immigrants who illegally enter the Schengen area across an internal border should not be jailed [JURIST report] solely on that basis. In March the ECJ ruled that Germany may place “residence conditions” [JURIST report] on refugees. In February the UN High Commissioner for Refugees said that new measures put in place by many European countries are too restrictive and place undue hardships [JURIST report] on refugees and asylum-seekers. Also in February Amnesty International warned Austria that they are violating human rights through their daily cap on asylum applications [JURIST report]. In January Danish lawmakers approved a controversial bill that will allow Danish authorities to seize assets [JURIST report] from immigrants seeking asylum in order to cover their expenses.