A blurred piece of jigsaw: on the status of jobseekers within the framework of Directive 2004/38

This article explores the status of jobseeker inDirective 2004/38thatis aimedto simplify and strengthen the right of free movement and residence of all Union citizens. Unlike the categories of economically active and inactivepersons, Directive2004/38 employs asomewhatpiecemeal approach towardssetting out the statusof jobseekers.It is submitted that this leads to much uncertainty over their residence rights and raisesthe prospect of divergentnational implementation measures, leaving much leeway for the adoption of stringent approaches. While this is manifested itself, for instance,in the UK’spolicy towardsUnionjobseekers, it is also particularly salient within the framework of the EU-UK Withdrawal Agreement that authorises a constitutive approach to post-Brexit residence status,which is shown to carry a greater risk for UK nationals residing in EU Member States. Both instances are arguedtofurther substantiate the need for a more systematic approach towards the outline of the status of jobseekerin Directive 2004/38, thoughthe introduction of any legislative change may not currently be politically viable.