[JURIST] The European Court of Justice ruled [opinion] Tuesday that the UK’s practice of administering a residence test to migrants for benefit payments is legal. The court, as it normally does, followed the opinion written by the advocate general at the European Court of Justice [official website]. The action was brought by citizens of other EU states who objected to the UK government requiring the residence test in order to receive benefits. The UK government argued [Guardian report] that the system is not discriminatory, saying that requiring the right of residence is sufficient for ensuring that those receiving benefits are “sufficiently integrated in the United Kingdom.” The attorney general, Pedro Cruz Villalon, noted in the opinion, “the UK legislation does not impose any condition additional to that of habitual residence,” and such requirements do not violate EU law.
The rights of migrant populations has emerged as the most significant humanitarian issue around the world, as millions seek asylum from conflict nations. Last month UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, gave the opening statement [JURIST report] at the 30th session of the Human Rights Council in which he addressed, among other pressing human rights issues, the migrant crisis. In his statement, he commended the efforts of ordinary citizens in Austria, Belgium, Finland, Germany, Sweden and the UK who have opened their homes to refugees and have galvanized politically to help with the crisis. Also in September Germany announced [JURIST report] that it is invoking temporary border controls at the nation’s southern border with Austria, after thousands of immigrants entered the country in recent days. Also last month the Hungarian National Assembly passed a number of emergency measures [JURIST report] to address the recent mass migration into Europe. In August the International Organization for Migration (IOM) reported that more than 2,000 migrants have died [JURIST report] this year in an attempt to enter Europe through the Mediterranean Sea.