EU Commission warns national-priority rules on aid breach EU equality law

In a formal reply to the European Parliament, the European Commission reaffirmed that EU law requires absolute parity between citizens and long-term foreign residents when accessing social benefits and housing. Magnus Brunner, the Commissioner for Home Affairs and Migration, answered a question from MEP Vicent Marzà, who highlighted recent moves in several member states to tie public aid to prolonged residence or integration.

Brunner emphasized that Directive 2003/109/EC guarantees equal treatment and that the Court of Justice has ruled member states may not set a residency threshold beyond five years. He also clarified that the racial equality directive does not cover nationality-based differences, but indirect discrimination is prohibited unless justified and proportionate. Regarding the specific proposal in Aragon, the Commission noted the regional law has not yet been adopted and therefore refrained from commenting, while pledging continued oversight of Spain’s legislative developments.