Discrimination for citizens in the EU
 

I've been following the current re-negotiations with the EU. One of the things I've heard is that it it "unlawful" under present EU regulations to discriminate between citizens of different EU countries. For example, the media have reported that one of the problems in the re-negotiations in the withdrawal of benefits to UK migrants which, if imposed, would discriminate between them and current UK residents.
What confuses me is, if this is the case, why are migrants to the UK allowed to access the NHS but residents (under pensionable age) are not so permitted here in Spain. Doesn't this amount to a form of discrimination?
For example, this is on website called the Migrants' Rights Network:-

"The NHS is not a “public fund” as defined by the “recourse to public funds rules”. No law or regulation exists that restricts a patients’ right to access primary health care services because of their immigration status. Consider suing because any policy that links residency status with eligibility for primary care would be in breach of the Secretary of State’s fundamental duty to provide NHS services free of charge unless otherwise legislated"

I'm guessing no such duty exists under Spanish law, but surely if nothing else it amounts to a form of discrimination within the EU?
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Re: Discrimination for citizens in the EU
 

You misunderstand the legislation

The law is that a country must treat EU nationals as if they were nationals of their own country

So a British person in Spain must have the same rights as a Spanish person in Spain

And they do. A Spanish person has no right to the health service in Spain unless they contribute to the system, or if they are judged too poor to contribute

Re: Discrimination for citizens in the EU
 

I understand the point about contributing to the system in order to qualify for access to the health system, but if that is the case how can a EU citizen, say from Spain, move to the UK and, without having made any contributions to the system in the UK, have a right to free access to the NHS?

Re: Discrimination for citizens in the EU
 

Because British citizens can too, even if they haven't worked a day in their life.
As cm mentioned:The law is that a country must treat EU nationals as if they were nationals of their own country

Re: Discrimination for citizens in the EU
 

Its because the UK NHS is a residence based system rather than a contribution system. So, once you are normally resident, then you qualify for free treatment under the NHS. That's why UK citizens who are normally resident overseas now have to pay, unless they are a state pensioner living in the EU.

Its the same issue with benefits.

Re: Discrimination for citizens in the EU
 

Yes, I suppose it's logical, but hardly a level playing field and blows a hole through any non-discrimination EU policy. There again, I can see the argument.
Grumble over I suppose.
Incidentally, do Spanish citizens who do not or have never worked still have to contribute to the Spanish system in order to access it for free?
If so, there's an argument that UK citizens in Spain who do not work and therefore do not contribute should have the same rights.

Re: Discrimination for citizens in the EU
 

Someone becoming resident in Spain who has paid contributions in any EU or EEA (European Economic Area) country may use those social security contributions to receive unemployment benefits in Spain.Request form E301 (a record of contributions made) from the local Employment office before moving to Spain. Unemployed after working less than one yearWorkers who have been employed for less than one year do not have the minimum requirement of contributions to receive unemployment benefits; however they may apply for an Unemployment Subsidy (Subsidio por Desempleo) providing they meet the following conditions:

• They are legally unemployed
• They register as a job seeker and sign an Activity Agreement (Compromiso de Actividad)
• They have contributed at least three months of Social Security payments if they have family responsibilities, or six months of contributions if they do not
• They do not have an income of more than 75 percent of the Minimum Professional Wage (El Salario Mínimo Interprofesional)

Re: Discrimination for citizens in the EU
 

I wasn't talking about unemployment benefit but access to the health system, but perhaps it's the same principle?

Re: Discrimination for citizens in the EU
 

A Spanish person who has never contributed to the healthcare system, and has no close family who do, is not covered by the state healthcare system i.e. they would have to pay for treatment out of their own funds

The exception is if they can prove that they are destitute i.e. have zero income and zero assets, in which case they can claim destitution and be covered. This is what the African immigrants do

Like I said before, British people are subject to exactly the same laws in Spain that Spanish people are subject to i.e. it is completely non-descriminatry

Re: Discrimination for citizens in the EU
 

My bad, but cm was quicker.

Re: Discrimination for citizens in the EU
 

Here it's basically all explained:
http://ec.europa.eu/employment_socia...20Spain_en.pdf

Re: Discrimination for citizens in the EU
 

As in chess - I concede! Thanks for the debate and my education!

Re: Discrimination for citizens in the EU
 

Do you mean "My mistake" ?

Re: Discrimination for citizens in the EU
 

Yes, if every concession is by definition a mistake!

Re: Discrimination for citizens in the EU
 

Well, Merkel said today that Cameron's demands are completely justfied. Is that a "concession" (Mistake)?