Coordination of social security systems

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The coordination of social security systems is a policy area of ​​the European Union which aims to coordinate regulations on claims of EU citizens with regard to social security between the member states of the European Union .

Social security claims among the member states of the European Union are coordinated by means of European law. The national social systems are not standardized, but simply coordinated with one another. For example, social security benefits are sometimes paid by the country of origin even if the person concerned lives in another country. In contrast to this, special non-contributory cash benefits are provided exclusively to eligible residents by the country of residence.

Four basic principles

The EU rules on the coordination of social security systems are based on the following four principles, which can be traced back to Articles of Regulation (EC) No 883/2004 :

  1. Principle of uniformity of the applicable legal provisions - only the legal provisions of a single member state apply at any one time, both for contribution payments and for entitlement to benefits (Articles 10 and 11 (1))
  2. Principle of equal treatment and non-discrimination (Articles 4 and 5)
  3. Aggregation principle - previous periods of insurance, employment or residence in other Member States may be taken into account (Article 6)
  4. Principle of exportability - an existing right to one Member State generally also exists after moving to another Member State

The rules on the coordination of social systems apply to EU citizens who reside in another EU country. In particular, they extend u. a. on vacationers , cross-border commuters , retirees and job seekers. (They are all referred to as "mobile people" in these regulations.)

Regulations

Since May 1, 2010, Regulation (EC) No. 883/2004 in conjunction with its implementing regulation ( Regulation (EC) No. 987/2009 ) have governed the coordination of social security systems in Europe. Regulation (EC) No. 883/2004 also includes all economically inactive persons. The regulations apply in particular to people who are or have been employed in several Member States or who live or stay temporarily in a Member State other than the one responsible for them. At the same time as Regulation (EC) No. 883/2004, Regulation (EEC) No. 1408/71 also applies , and which regulation is to be applied depends on the points of contact with the states concerned. At the European level, Regulation (EEC) No. 1408/71 and its implementing regulation ( Regulation (EEC) No. 574/72 ) regulate the social security of employees, self-employed and their family members who move to and from the Community. They have also applied to Switzerland since the agreement between Switzerland and the EU on the free movement of persons came into force on June 1, 2002. The provisions of these regulations have been extended by Regulation (EC) No. 859/2003 to third-country nationals whose situation extends beyond the border of a single Member State.

Since 2006, EU citizens have been able to use the European Health Insurance Card when traveling within the EEA . Directive 2014/50 / EU concerns rights in relation to supplementary pensions. In July 2017, the European Commission made the "Electronic Exchange of Social Security Information" (EESSI) system available for electronic data exchange between the national institutions.

Reform proposals 2016

In December 2016, the European Commission put forward reform proposals with the aim of “making mobility easier for workers, finding an approach that treats both mobile people and taxpayers fairly, and better tools for cooperation between available to Member State authorities ”.

The proposed coordination rules are intended to determine which national social law applies in each individual case. In particular, they are intended to prevent someone from being insecured or being insured several times.

In detail, the reform proposals contain the following changes:

  • the period for the "export" of unemployment benefits should be extended from at least three to at least six months, with the possibility of extension until the benefit expires;
  • Cross-border workers should be able to choose whether they receive unemployment benefits from the Member State of last employment or from the Member State of residence;
  • Income-replacing family benefits for bringing up children should be regarded as individual benefits and be granted independently of other family benefits;
  • There are provisions for the legal clarity and transparency of care services.

Together with the Posting of Workers Directive (Directive 96/71 / EC) , the planned EU regulations are intended to form a framework that guarantees fair competition and safeguards the rights of posted workers.

On November 12, 2018, Parliament decided in a plenary session to initiate negotiations on the proposal by Parliament, the Council and the Commission. A plenary session on this is planned for April 16, 2019.

context

Intergovernmental agreements on social security are intended in particular to support people with cross-border employment in two countries in safeguarding their social rights.

In the course of the Brexit negotiations, it became clear that it is still open whether, after the United Kingdom leaves, the periods of insurance, employment or residence that accrued in the United Kingdom before the exit will be taken into account by the authorities of the EU countries, and vice versa.

See also

Web links

Individual evidence

  1. ↑ Interstate Social Insurance. Federal Ministry for Social Affairs and Consumer Protection, Austria, accessed on January 17, 2009 .
  2. ↑ a b c d e Questions and answers on the revision of the coordination rules in the area of ​​social security. In: Factsheet, europa.eu. European Commission, December 13, 2016, accessed January 29, 2019 .
  3. ↑ Coordination of social security systems in the EU. In: press release, europa.eu. European Commission, accessed January 29, 2019 .
  4. ^ A b Aoife Kennedy: Social security in other EU member states. European Parliament, September 2018, accessed 30 January 2019 .
  5. ↑ Regulation (EC) No. 883/2004 of the European Parliament and of the Council of April 29, 2004 on the coordination of social security systems , accessed on September 23, 2019
  6. ↑ Regulation (EC) No. 987/2009 of the European Parliament and of the Council of September 16, 2009 laying down the modalities for the implementation of Regulation (EC) No. 883/2004 on the coordination of social security systems , accessed on September 23 , 2009 September 2019
  7. ^ Social security in Europe. BMAS, March 4, 2013, archived from the original on January 6, 2018 ; accessed on January 20, 2018 .
  8. ↑ Regulation (EEC) No. 1408/71 of the Council of June 14, 1971 on the application of social security systems to employees and their families who immigrate and leave within the Community , accessed on September 23, 2019
  9. ↑ Working abroad: who is insured where? Practical guide for employers. In: DGservice: Service of the regional health insurance funds and the VAEB for employers. May 2010, accessed January 30, 2019 . Section “Which regulation applies?” P. 12.
  10. ↑ Regulation (EEC) No. 574/72 of the Council of March 21, 1972 on the implementation of Regulation (EEC) No. 1408/71 on the application of social security systems to employees and their families who move to and from the Community migrate , accessed January 17, 2009
  11. ↑ Regulation (EC) No. 859/2003 of the Council of 14 May 2003 to extend the provisions of Regulation (EEC) No. 1408/71 and Regulation (EEC) No. 574/72 to third-country nationals who are solely based on their nationality not already covered by these provisions , accessed January 30, 2019
  12. ↑ Directive 2014/50 / EU of the European Parliament and of the Council of April 16, 2014 on minimum requirements to increase the mobility of workers between Member States by improving the acquisition and preservation of supplementary pension rights , accessed on September 23, 2019
  13. ↑ Modernizing the coordination of social systems - the Commission's proposal is about more equity. In: press release, europa.eu. European Commission, December 13, 2016, accessed January 29, 2019 .
  14. ↑ Coordination of social security systems: new rules for greater flexibility and clarity. In: europarl.europa.eu. European Parliament, 22 November 2018, accessed 29 January 2019 .
  15. ↑ 2016/0397 (COD): Coordination of social security systems: benefits. In: Legislative Observatory, European Parliament. European Parliament, accessed 29 January 2019 . See: Notes: 11/12/2018 Decision to enter into interinstitutional negotiations confirmed by plenary (Rule 69c) .
  16. ↑ Interstate Social Insurance. Federal Ministry for Social Affairs and Consumer Protection, Austria, accessed on January 17, 2009 .
  17. ↑ Brexit: If Great Britain rejects this offer, the EU is apparently considering a drastic measure. In: Mercury. January 30, 2019, accessed January 31, 2019 .