Opinion of AG Mengozzi in the preliminary ruling on the interpretation of regulation 883/2004 and Article 45 TFEU has been issued today.
The facts of the case talk about the situation of the frontier workers who no longer enjoy a special treatment. They have been assimilated with the notion of resident and they are entitled to receive unemployment benefits from the state of residence even if they have never worked there. On the other hand they have the possibility (see the Miethe Case 1/85) to apply as a candidate for employment in both member states, the chances to get an employment being at least theoretical better than before. Would you consider that the jurisprudence of the Court (see also Case Caves Krier Frères Sàrl v Directeur de l’Administration de l’emploi, C-379/11 ) reflects a progress towards better social integration in the EU?
We have got, here in South America, a similar problem of frontier workers, who live in Brazil but work in Paraguay, and always there is a doubt if they are entitled to receive benefits from Brazil (better) or from Paraguay (worse). Mainly poorer workers, with a very low level of education are in such a situation. The jurisprudence of the Court, in Europe, reflects, for me, a progress towards a better social integration, for it would lead to bring uniformity to the regimes, making the frauds more difficult.
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