Social security coordination

Report
The EU coordination of social security
Recent developments
Jackie MORIN
European Commission
DG Employment, Social Affairs and Inclusion
Recent Developments - Overview
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Electronic Information Exchange (EESSI)
First Revision of Regulations 883/2004 & 987/2009
Staff Working Paper on Highly Mobile Workers
Patients Mobility
Residence issues
External Dimension
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Geographical scope
EP and council shall adopt
measures in the field
of social security which
are necessary to provide
freedom of movement
for workers
Coordination of social
Security schemes
31 (32) countries
2
Social security coordination' scope and
principles
Only one legislation
applicable
Social security - Benefits are
Equality of treatment
covered
If legal entitlement
If related to one of the risks
enumerated in the material scope
Export of cash benefits
Special non-contributory
benefits in cash (mixed
Aggregation of insurace
periods
Social Assistance
excluded
benefits)
3
Social security coordination' scope
2010
All ensured
persons
Civil servents
Jobseekers
Students
Workers
Members of
their family
Pensioners
1959
4
EESSI
New
Roadmap
October
2013
Implementation
June
2013
Analysis of
solutions
Requirements
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Modernised coordination : dynamic rule
• New chapter on
Unemployment
• Clarification of rules on
LTC
• Guidance on Habitual
residence test
•Electronic exchange
•Simplified processes
Simplification
of rules
Increased
cooperation
•Fraud & error
•Mutual assistance
Adm.
Efficiency
Better
service for
the citizens
•Clear information
•Shorter deadlines
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Staff Paper on Highly Mobile Workers
o Commission Task Force to identify problems and
challenges for highly mobile workers, including social
security coverage and tax matters
o Gathering of existing evidence and collective reflection
on challenges
o Commission Staff Working Document: planned for July
2013
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Patient Mobility
• Patient Mobility Directive - transposition deadline: 30
October 2013
• Need for dealing with the co-existence of two
instruments
 Guidance note of the Commission in 2012 (legal aspects)
 Workshops and discussions in the AC and SANCO
Committee
 Communications activities at national and EU level
 Practical Guide to be considered after transposition
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Residence Issues
o Politically sensitive issue (CJ)
o Ad Hoc Group on Habitual Residence
Elaboration of Practical Guide
o Study on the impact of mobility of non-active persons
on residence based social security benefits
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Jobseeker– residence & coordination issues
Right to reside : No formalities up to 6 months.
Social benefits : equal treatment limited to
benefits intended to facilitate access to
employment. (C-22/08 & C-23/08 – close link)
3 months
0
…
6 months
Social security: Equal treatment after
passing successfully the habitual residence
test
…
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Myths and reality – Residence discussion
Many non-active EU migrants
come to my country because
of higher social security
benefits
Non-active EU migrants are
immediately entitled to social
security benefits in my
country
EU law is too soft – allows
abuse of rights
No evidence of a "welfare
magnet hypothesis"
Only if Habitual Residence Test
is passed
Use of Fundamental Right of
Free movement is never an
abuse
Migrants are contributing to
the economic success
Migration is an integral part of
European past, present and
future
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External dimension - State of play
Bilateral agreements signed by the Member States
Social
security
coverage
EU provisions from Directives linked to first
entry (HOME)
Regulation 1231/2010 as regard second move
Association Agreements
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External Dimension of EU Social Security
Coordination
• Adoption of 2nd package of EU negotiation positions (Albania, San
Marino, Montenegro and Turkey). On-going negotiations with 10
countries
• Open question of Legal Basis (Articles 48, 72 (b) or 217 TFEU)
• Negotiations of new Association Agreements with Caucasus
Countries (same or different approach?)
• Follow up to 2012 Communication (Forum, etc.)
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Perspectives
• A welcoming culture for EU migrants is needed
• Intensified cooperation required trust and a
strong administrative capacity
• More divergence means more complexity in
the coordination system
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Visit us @
http://ec.europa.eu/social-security-coordination
http://www.facebook.com/#!/socialeurope
Thank you for you attention!
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