Discrimination for citizens in the EU
#1
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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?
.
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?
.
#2
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Joined: Apr 2009
Posts: 7,749
Re: 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?
.
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?
.
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
#3
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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?
#4
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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?
As cm mentioned:The law is that a country must treat EU nationals as if they were nationals of their own country
#5
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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?
Its the same issue with benefits.
#6
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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.
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.
#7
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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.
- 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)
#8
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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?
#9
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Re: Discrimination for citizens in the EU
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
#11
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Re: Discrimination for citizens in the EU
#12
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Re: Discrimination for citizens in the EU
As in chess - I concede! Thanks for the debate and my education!
#14
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Re: Discrimination for citizens in the EU
Yes, if every concession is by definition a mistake!
#15
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Re: Discrimination for citizens in the EU
Well, Merkel said today that Cameron's demands are completely justfied. Is that a "concession" (Mistake)?