Court may throw out benefits brake

THE emergency brake on migrants’ benefits secured by David Cameron may be struck down by the European courts, Jean-Claude Juncker’s officials believe.

A measure that allows Britain to restrict the access of European Union migrants to in-work benefits for four years is likely to be judged illegal discrimination by the European Court of Justice, say legal experts.

Mr Cameron had originally wanted an outright ban for four years, in place permanently, but he had to drop that when states objected on the grounds that it violated EU treaties Instead, Mr Juncker, the European Commission President, devised an “emergency” measure that will be in place for just seven years, which officials said reflects the fact that the UK did not make use of seven-year transitional controls to stem the movement of eastern European migrants when the EU enlarged in 2004.

During the marathon renegotiation discussions in Brussels on Thursday night, a senior European Commission official warned that the brake would only be “legally acceptable” if it applied on a four-year window.

“To defend in court it has to be as limited as possible,” the source said, saying seven years was too long. Mr Juncker insisted after the deal was signed he believed the decision would hold up in court as it respected basic principles of treaties.

Prof Steve Peers, an expert in EU law at the University of Essex, said it was a “long shot” for the plan to survive any challenge. “While the Court of Justice has been willing to accept certain limits to free movement rights on the grounds of protecting health systems, this would have a much more far-reaching impact on non-discrimination for workers,” he said.

Open Europe, the think-tank, said the policy is open to legal challenge. Charles Grant, of the Centre for European Reform, said officials in London and Brussels expect a case to be brought.