Access to Social Benefits for Third-country Nationals in the European Union Between Fragmentation and Equal Treatment

Abstract

The article explores the fragmented legal framework governing third-country nationals’ (TCNs) entitlement to equal treatment with nationals of the host Member State regarding access to social benefits under EU law. Access to social advantages for TCNs is shaped by detailed EU secondary legislation, which defines rights and obligations based on an individual's specific legal status. While EU secondary legislation establishes differentiated rules depending on migration status, its transposition and implementation at the national level remain inconsistent: some Member States provide TCNs with broader access to welfare systems, while others impose more restrictive eligibility criteria. In light of this fragmented landscape, the article examines the CJEU's case law concerning the equal treatment provisions in three key migration directives: Directive 2003/109 on long-term residents, Directive 2011/95 on beneficiaries of international protection, and Directive 2024/1233 on the Single Permit. The study further investigates how the Charter of Fundamental Rights might help address the fragmentation surrounding TCNs’ access to social benefits. Special attention is given to the role of Article 20 in guiding the interpretation and evaluation of exclusionary or discriminatory measures, and to the potential of Article 34 in guaranteeing a dignified standard of living by establishing core minimum standards. Such standards would limit Member States' discretion in regulating access to social benefits and reduce the legal uncertainty associated with case-by-case assessments by national courts.