EU COORDINATION OF NATIONAL SOCIAL SECURITY IN MULTIPLE CROSS BORDER SITUATIONS

Abstract

The coordination of the national social security is one of the crucial fields of cooperation between EU Member States. The coordination is based on the principle of application of one legislation at a time in cases of employment being executed in one or more than one Member State. Persons moving within the EU are thus subject to the social security scheme of only one Member State. The rules aim to guarantee equal treatment and non discrimination by the application of the lex loci laboris-principle. In 2004 the European legislator concluded modernised social security coordination rules (Regulation EC 883/2004) in order to simplify the current rules. The Implementing Regulation (Regulation EC 987/2009) was concluded in April 2009. The new rules came into effect from 1st May 2010.
In this contribution the author explores the (possible) complications related to the new rules in situations with multiple cross border work activities. The paper consists of an overview of the applicable rules, of the basic changes and of pending questions. At the end a set of recommendations is formulated meant to contribute to the necessary tailor-made solutions.
Keywords: Free Movement, Migration, Social Security, EU Labour Market

Keywords

• Serbest Dolaşım
• Göç
• Sosyal Güvenlik
• AB İşgücü Piyasası

EU COORDINATION OF NATIONAL SOCIAL SECURITY IN MULTIPLE CROSS BORDER SITUATIONS

Abstract

The coordination of the national social security is one of the crucial fields of cooperation between EU Member States. The coordination is based on the principle of application of one legislation at a time in cases of employment being executed in one or more than one Member State. Persons moving within the EU are thus subject to the social security scheme of only one Member State. The rules aim to guarantee equal treatment and non discrimination by the application of the lex loci laboris-principle. In 2004 the European legislator concluded modernised social security coordination rules (Regulation EC 883/2004) in order to simplify the current rules. The Implementing Regulation (Regulation EC 987/2009) was concluded in April 2009. The new rules came into effect from 1st May 2010. In this contribution the author explores the (possible) complications related to the new rules in situations with multiple cross border work activities. The paper consists of an overview of the applicable rules, of the basic changes and of pending questions. At the end a set of recommendations is formulated meant to contribute to the necessary tailor-made solutions.

Keywords

• Free Movement
• Migration
• Social Security
• EU Labour Market

References

1. The Council of the European Economic Community (1958). Regulation (EEC) No. 3 of 25 September 1958, O.J. No. 30 of 16 December 1958.
2. The Council of the European Communities (1971). Regulation (EC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to selfemployed persons and to members of their families moving within the Community. Consolidated version as published 28.04.2006, Official Journal of the European Union.
3. Eichenhofer E (ed.) (2009), 50 Jahre nach ihrem Beginn - Neue Regeln für die Koordinierung sozialer Sicherheit, Beiträge zur Sozialpolitik und zum Sozialrecht (BSS), Bnd 38, Erich Schmidt, Berlin.
4. The European Parliament and the Council of the European Union (2004). Regulation (EC) No 883/2004 of the European Parliament and of the Council. Corrigendum as published 7.6.2004, Official Journal of the European Union.
5. The European Parliament and the Council of the European Union (2009). Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems. Version as published 30.10.2009, Official Journal of the European Union.
6. Martinsen, D. S. (2007). ‘The Social Policy Clash: EU Cross-Border Welfare, Union Citizenship and National Residence Clauses’. Paper EUSA, Montreal, Canada. Retrieved October 10, 2011 from http://aei.pitt.edu/7964/
7. Pernot, A. (2004). Le remplacement du règlement 1408/71 par le règlement 883/2004 relatif à la coordination des régimes de sécurité sociale, Revue Belge de sécurité sociale, Special Issue, N°4, pp 653-660.
8. Treaty of Rome, 25 March 1957. http://ec.europa.eu/economy_finance/emu_history/ documents/treaties/rometreaty2.pdf.

9. Verschueren, H. (2004). Le nouveau règlement (CE) n° 883/2004 une réplique, Revue Belge de Sécurité sociale, Special Issue, N°4, pp. 677-682