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Homeless in Europe Do Not Necessarily Reflect the Views of FEANTSA

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Homeless in Europe Do Not Necessarily Reflect the Views of FEANTSA The Magazine of FEANTSA - The European Federation of National Organisations Working with the Homeless AISBL omeless in Europe H Spring 2013 Free Movement and Homelessness Guest Editorial IN THIS ISSUE Free Movement and Homelessness - 2 Editorial Is Denying Services Really the Answer? 4 Do We Really Have Free by Mauro Striano,1 FEANTSA Migration Policy Officer Movement of Citizens Within the European Union? Case Study: Romanian Citizens Belonging to the Roma Free movement of persons is often considered as Freedom of movement of EU citizens has devel- Minority in France one of the most important achievements and as oped over the years, overcoming, at least partially, André Gachet a fundamental principle of the European Union. the reluctance of Member States and covering 7 Absent - Excluded – Alien: However, free movement of persons has always an increasing number of economic situations. The European Homelessness provoked discussion about the level of rights However, the question FEANTSA has been putting of Polish Migrants accommodated for and has always been confronted to European and national institutions is what rights EU citizens have when they become destitute and Barbara Goryńska-Bittner with Member States that have tried – and still try – to impose restrictions on it or limit it outright, homeless whilst exercising their right to free move- 10 The Same But Different, EU especially when it comes to persons who are not ment. Particularly in big cities of countries like the Migration and Homelessness economically active. Indeed, most States already UK, Denmark, Sweden, the Netherlands, Ireland in Ireland expressed objections to the introduction of free and France, a significant part of homeless service Wayne Stanley movement of workers during the 1956-1957 Treaty users and of rough-sleepers are citizens of other EU negotiations since such a legal framework would countries. The UK Department of Communities and 13 Free Movement Rights and have given foreign workers – until then ‘used’ by Local Government’s latest rough sleeping figures Labour Market Integration of States to fuel their economies –access to the host reveal that 28% of people sleeping on the streets EU Citizens in Sweden welfare systems. Only Italy had an actual interest of London are from Central and Eastern European Fabrizio Vittoria and Tetyana in introducing free movement for workers seeing it countries and 11% from other EU Member States. Zhyla as a means to solving its unemployment problems According to the Italian Census on Homelessness, published in 2012, 11.5% of people in homeless 16 The Legal Aspects of EU and, in the end, Member States agreed to include in shelters in Italy are Romanians. In France, outreach Migrant Homelessness from a the Treaty of Rome, in its article 49, the objective of organisations working in Paris indicate that 40% British Perspective “bringing about, by progressive stages, freedom of movement for workers”. of their clients (mainly rough sleepers) are young Adam Weiss people from Eastern Europe and recent data 19 Should I Stay or Should I Go? The role of the European Court of Justice has been confirm that this trend would not only concern Border Controls vs The Right paramount in further clarifying – and to a certain people coming from Central and Eastern European to the Freedom of Movement extent broadening – the definition of ‘worker’. countries but also Spanish, Portuguese, Greek and Within the EU Member States Through several rulings, the Court explained the Italian young people who are trying to escape the Ian Tilling concept of ‘worker,’ pointing out that it should not economic crisis. be interpreted restrictively. Rules on the freedom 21 Homeless in the UK – A Case of movement also concern part-time workers or Member States’ policies towards this new group Study in Why the Immigrants workers who obtain remuneration lower than the of service users vary. In a number of Member Are Not to Blame minimum guaranteed in a specific sector, thus States, no publicly-funded shelters are open to Don Flynn income is not important as long as the person irregularly residing immigrants. In these countries, pursues an activity that is ‘effective and genuine’. EU citizens have to rely on very limited, privately- 23 New Pan-European Project According to Union law, the status of worker funded support structures or may even be forced with Homeless Migrants is retained also by those job-seekers who are to develop autonomous survival strategies on the to Contribute to Forming recorded as involuntarily unemployed after having streets and in poor quality housing. Some Member Decisive Tools in Relation to been employed for more than a year or after having States provide unconditional support in principle National and EU-Based Efforts completed a fixed-term employment contract of to all people in need. However, if resources are and Policies on the Migrant less than a year or after having become involun- scarce, this obviously puts a lot of strain on service Issue tarily unemployed during the first twelve months. providers and risks creating a situation where a Anne Sofie Ellesøe Furthermore, free movement of workers also choice between nationals and non-national service includes the right for nationals of Member States to users will have to be made. In addition, many home- seek employment in another Member State though less service providers are not sufficiently prepared this can be subject to temporal limitation. to deal with this group of new EU service users 1 [email protected] LETTERS TO The EDITOR We would like to give you the chance to comment on any of the articles which have appeared in this issue. If you would like to share your ideas, thoughts and feedback, please send an email to the editor, [email protected]. The articles in Homeless in Europe do not necessarily reflect the views of FEANTSA. Extracts from this publication can be quoted as long as the sources are acknowledged. 2 Homeless in Europe that have different support needs from the ‘local’ in the host country (the categories of job-seeker who homeless population. Besides language barriers, are still considered within the definition of ‘worker’ homeless services are less acquainted with the some- are entitled to equal treatment). On the other hand, times complex legislation regarding unemployment a Member State cannot expel EU citizens in their first and welfare payments that apply to EU citizens. This three months of residence or those job-seekers (with negatively impacts on homeless services’ capacity in no employment record) “that can provide evidence supporting people and helping them to claim their that they are continuing to seek employment and that correct benefits and move out of homelessness again. they have a genuine chance of being engaged”. Such policy plans lead shelters to deny services to home- Over the past few years, Europe has been experiencing less people who are in the situations described above, an economic downturn that makes this issue even thus provoking an increase in rough-sleeping which more visible and that jeopardises European solidarity. cannot be solved through expulsion because these Unsurprisingly, at the end of April 2013, in a joint would not be in line with EU law. letter to the Irish presidency, four Ministers – repre- senting Austria, Germany, the Netherlands and the Therefore, the question is whether denial of services United Kingdom – launched a strong attack regarding and threats of expulsion are an effective way to solve the freedom of movement of EU citizens using the the problems. I believe not. The ‘social tourism argu- argument that the EU needs to protect the principle ment’ has never been demonstrated – a small number of freedom of movement from ‘social welfare abuse’. of fraud cases cannot account for millions of EU citi- Only a few weeks earlier, the Dutch Secretary of zens residing in another EU Member State - and using State announced a proposed law that would prevent it is counter-productive. Moreover, when it comes to non-Dutch EU citizens who have been residing for addressing destitution among EU citizens who exer- no more than three months or are job-seekers from cise the right to free movement, the Member States accessing emergency accommodation. The reason concerned push for burden-sharing and rely on civil would be that accessing emergency accommodation society to provide services and even ‘reconnections’ would be considered as an unreasonable burden on to the country of origin, yet no Member State has ever the social assistance system. It is true that, according offered to share the benefits of economic migration to directive 2004/38, art. 24 on equal treatment, with the countries of origin – and these have been Member States are not obliged to confer entitlement shown in several studies. Of course, the issue needs to social assistance to EU citizens in their first three to be addressed and the EU certainly has a role to months of residence and for longer periods to those play but a long-term solution can only be achieved who entered the host Member State in order to seek through adequate social policies which include access employment. If access to shelters is considered as an to basic services that would help people experiencing entitlement to social assistance, it might be possible a personal crisis to get back on the right track. for a Member State to forbid access to shelters to those who have been resident for no more than three FEANTSA would like to thank all the authors who months and to job-seekers who have never worked have contributed to this issue of the magazine. Homeless in Europe 3 Do We Really Have Free Movement of Citizens Within the European Union? Case Study: Romanian Citizens Belonging to the Roma Minority in France By André Gachet,1 Technical Advisor, ALPIL, France The European dimension of the migration issue is often raised.
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