European Employment Law Cases, Issue 3 2019
Case C-394/19, Free movement
Is the principle of full effectiveness of the rules of European Law and the protection of those rules, as defined in the Francovich and Brasserie du pĂȘcheur judgments, in conjunction with Directive 2004/38/EC, to be interpreted as imposing an obligation on a Member State, in circumstances where the right of residence of a foreign national has been withdrawn without prior consideration of proportionality, as a result of an error in transposition into domestic law, to cover, within the framework of its welfare system, the basic needs of the applicant other than medical needs, until the applicantâs position as regards the right of residence has been determined in conformity with EU law?