The Rights of Refugees and Beneficiaries of Subsidiary Protection to National Treatment in Social Assistance: An Extended Comment to Ayubi

The Ayubi judgment rules out the possibility that refugees holding a temporary residence permit are treated to a lower level of social assistance than nationals of the State which granted the status on the basis of the principle of national treatment established in art.29 of Directive 2011/95. The article comments on the Court’s choice to interpret art.29 on the sole basis of art.23 of the Geneva Convention, while ignoring the prohibition on discrimination on ground of nationality established in art.18 TFEU and art.21(2) of the Charter. It relies on the Court’s observations in Ayubi to raise doubts on the content of art.24 of Directive 2011/95. It takes inspiration from the application of the principle of non-discrimination in social assistance to a certain category of refugees in Ayubi to review the choice of Directive 2011/95 to allow States to grant individuals eligible for subsidiary protection a lower level of social assistance than refugees, on the basis of the Geneva Convention and of the general principle on equality of treatment.