2011 - Recent developments in the coordination of social security at EU level
Download as PPT, PDF0 likes255 views
The document summarizes a seminar on recent developments in coordinating social security at the EU level. It discusses the evolution of EU regulations and directives on social security coordination since 1959. Recent changes include Regulation 1231/2010 extending coordination to third-country nationals and amendments made in 2010. The Administrative Commission continues working to implement new regulations and address ongoing issues. Efforts are also being made to develop coordination with non-EU countries and enforce EU rights related to social security coordination.
2011 - Recent developments in the coordination of social security at EU level
- 1. trRESS Seminar Dublin, 15 September 2011 « Recent developments in the coordination of social security at EU level » Rob Cornelissen DG Employment, Social Affairs & Inclusion, European Commission
- 2. Legal framework 2011 Reg 1231/2010 Extension to 3rd Reg 859/2003 country nationals Reg 883/2004 Social Reg 987/2009 Reg 987/2009 security coordination Reg 1408/71 Reg 574/72 Regulations 3 & 4 1959 1968 1972 2004 2010 Regulation 492/11 Free movement Directive 2004/38 of workers Directive 68/360 Regulation 1251/70
- 3. Overview Legislative Developments: Recent and Foreseen Recent and current work of the Administrative Commission Developing coordination with non-EU countries Future Developments Recent Case-Law - a quick glimpse! 3
- 4. New Regulation 1231/2010 Commision proposal 2007 to extend scope of Reg 883/2004 to TCN; no progress until 2010 1.12.2009: Lisbon Treaty: Article 79 2) TFEU: co-decision and qualified majority in Council! Entered into force on 1 January 2011 No exceptions for AT/D on family benefits Replaces Reg 859/2003, except for UK Does not apply with regard to DK Does not apply with regard to Switzerland and EEA- Xhymshiti judgment (Dec 2010) 4
- 5. Application of Regulations to EEA and Switzerland • EEA Agreement, Revised Annex VI adopted on 1 July 2011 and expected to enter into force late 2011 • EU-CH Agreement, Revised Annex II, final agreement still outstanding; not likely to enter into force before 2012 • Legal basis of related Council Decisions: – For EEA: Article 48 TFEU – For Switzerland: Article 79(2) TFEU – Grimme judgement ( November 2009)
- 6. Miscellaneous Amendments 2010 Clarification and Amendments to Annexes Rectification of Article 13 (1) of Reg. 883/2004 Use of “Homebase” for flying personnel Closing gap for certain unemployed self-employed frontier workers (Article 65 (5) of Reg. 883/2004) Declaration by Member States at EPSCO June 2011 6
- 7. Work of the Administrative Commission Continued Focus on the implementation of new Regulations (eg. Practical Guide on Applicable Legislation, Decision H6 on the value of insurance periods, Decision S8 on substantial benefits in kind)) Ongoing discussion on reimbursement of unemployment benefits concerning Article 65(6) and (7) of Regulation 883 Discussion of relationship between Regulation 883/2004 and (1) Directive 2004/38/EC and (2) Directive 2011/24/EU on patients’ mobility EESSI 7
- 8. EESSI High-level Architecture CI CI CI CI CI Member National CI National State 2 Network Network CI Member CI State 1 EESSI International Network sTESTA CI Member State 3 National Network CI Member National State “n” Network CI CI CI Member CI National National State 4 Network Network CI CI CI CI CI Coordination Access CI Competent Node Point Institution
- 9. EESSI: Current Developments EESSI being tested by 6 Member States Progress Report to be examined by Administrative Commission in October Further work likely to improve the SEDs 9
- 10. Developing Coordination with Non- EU countries Implementation of Agreements with Morocco, Algeria, Tunisia, Croatia, FYROM and Israel - EU negotiation position adopted in October 2010 Content • Equal Treatment • Export of Pensions • Reciprocity clause for EU citizens • Cooperation and Verification Forthcoming Communication on the External Dimension of EU social security coordination and proposals for implementation of agreements with Albania, Montenegro, San Marino and Turkey (Akdas judgment!) 10
- 11. Keeping coordination modern and dynamic Looking to bring long-term care benefits fully into the coordination regime of the Regulation Reflections on rules on applicable legislation (highly mobile workers) 11
- 12. Better enforcement of EU rights Possible Proposal for a new instrument to facilitate enforcement of Regulation 492/11 Commission financing for cross-border cooperation projects Improving the information available to citizens 12
- 13. Campaign
- 15. Recent Case-Law Case C-503/09 Lucy Stewart: compatibility of a residence requirement with Article 21 TFEU Case C-388/09 Da Silva Martins: exportability of long-term care benefits 15