The EU citizen and family benefit from the right to stay and seek work on EU grounds even in the case of sudden and involuntary loss of his/her independent professional activity (CJUE, Gusa, 20 décembre 2017, aff. C-442/16)
The question of « involuntary unemployment » has been answered by the Luxembourg court in the GUSA Case.
In order not to avoid any difference of treatment between citizens working as employed persons and self-employed citizens, the EUCJ treats both situations the same.
The EUCJ considers that both contribute to the member states’ social and fiscal system, especially by paying professional taxes.The court argues that the EU DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) that this directive is looking to: « With a view to remedying this sector-by-sector, piecemeal approach to the right of free movement and residence and facilitating the exercise of this right. »
The EUCJ has created a more and more protective approach of the right of residence for workers and their families on EU grounds.
This is good news not only for European workers residing on European grounds, but also for their families even when they are non-residents of a member state!