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2011 - Recent developments in the field of EU social security coordination
 

2011 - Recent developments in the field of EU social security coordination

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    2011 - Recent developments in the field of EU social security coordination 2011 - Recent developments in the field of EU social security coordination Presentation Transcript

    • Recent developments in the field of EU social security coordination trESS Seminar Aachen 7 October 2011Miroslava HAJKOVA & Fleur VELTKAMPDG Employment, Social Affairs & Inclusion
    • Overview• Legal framework – Legislative developments – New Decisions by the Administrative Commission• Current work of the Administrative Commission• Recent case-law• Outlook on future work• Information sources
    • Legal frameworkExternal dimension• Regulation (EU) No 1231/2010 – OJ L 344, 29.12 2010, p. 1 – extension of new coordination rules to third country nationals as of 1 January 2011 – does not apply in DK and UK – replaces Regulation (EC) No 859/2003 (not for UK)• Implementation of 6 association agreements (Algeria, Croatia, FYROM, Israel, Morocco, Tunisia) – Equal treatment – Export of pensions – Reciprocity clause for EU citizens – Cooperation and verification
    • Legal frameworkMiscellaneous Amendments 2010• Commission Regulation (EU) No 1244/2010 of 9 December 2010 – Amendments of certain annexes (see Article 92 of Regulation (EC) No 883/2004) – OJ L 338, 22.12.2010, p. 35• Commission Proposal for a Regulation of the European Parliament and of the Council – COM(2010) 794 final, 2010/380 (COD) – applicable legislation (substantial activity always relevant when activity in more than one MS; principle of home base for flying personnel) – unemployment benefits for persons having exercised an activity as self-employed frontier “worker”
    • Legal frameworkMiscellaneous Amendments 2010• Commission Proposal for a Regulation of the European Parliament and of the Council – COM(2010) 794 final, 2010/380 (COD) – Clarification and Amendments of Annexes – Applicable legislation: substantial activity always relevant when activity in more than one MS – Introduction of principle of home base for flying personnel; – Unemployment benefits for persons having exercised an activity as self-employed frontier “worker”
    • Legal frameworkExternal dimension: EEA & Switzerland• Regulations (EEC) Nos 1408/71 and 574/72 still apply in relation to IS, LI, NO and CH – Article 90(1)(2)(c) of Regulation (EC) No 883/2004 – AC agreement on transition• EEA: – Adopted by Joint Committee on 1 July 2011 – Waiting for approval by IS and LI parliaments within six months from that date• Switzerland: – EU proposal rejected by CH (exception regarding personal scope asked by UK) – Commission currently preparing new proposal (to be adopted by Council and then transmitted to Joint Committee)
    • Legal frameworkDecisions by the Administrative Commission• Revised Decisions and Recommendations – OJ C 106, 24.4.2010, p. 1: Decisions: A1, A2, E1,F1, H1, H2, H3, P1, S1, S2, S3, S4, S5,U1, U2, U3 Recommendations: P1, U1, U2 – OJ C 107, 27.4.2010, p. 3: Decisions H4, S6, S7 – see Decision H1 for details• New Decisions, particularly: – H5: cooperation on combating fraud and error (OJ C 149, 8.6.2010, p. 5) – H6: application of Article 6 of Regulation (EC) No 883/2004 (OJ C 45, 12.2.2011, p.5) – S8: substantial benefits in kind – Article 33 of Regulation (EC) No 883/2004 (OJ C 262, 6.9.2011, p. 6)
    • Legal frameworkDecisions by the Administrative Commission• Decision H6: – irrelevant whether periods are contributory or only equivalent under national law – no questioning of value of periods – aggregation of periods (Article 6 BR) vs “other conditions” (Point 3 of the Decision) – assimilation of facts (Article 5 BR) – should not interfere with aggregation (Recital 10 BR) – “other conditions”
    • Legal frameworkDecisions by the Administrative Commission• New Practical Guide on applicable legislation (replaces the Posting Guide)- Valid working instrument to assist institutions, employers and citizens in the area of determining the applicable social security legislation- Separate chapter on applicable legislation when working in two or more Member States- Guidance on transitional arrangements
    • Legal frameworkUpcoming• Forthcoming Commission communication on the international dimension of social security coordination• Miscellaneous amendments 2011
    • Legal frameworkDirective on patients’ rights in cross-border healthcare• Directive 2011/24/EU• Delay for transposition: 30 months• Will lead to three parallel coordination regimes in the area of healthcare: – Regulations (EC) Nos 883/2004 and 987/2009 – Directive on patients‘ rights in cross-border healthcare – CJ case-law (directive does not fully implement it)
    • Current work of the AC - I• Reimbursement of unemployment benefits granted to former frontier workers – Article 65(6) and (7) of Regulation (EC) No 883/2004• Relationship with other EU law instruments – Directive 2011/24/EU on patients’ rights in cross-border healthcare – Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States – forthcoming instruments on the residence of third-country nationals in the territory of the Member States
    • Current work of the AC - II• Electronic Exchange of Social Security Information (EESSI) – EESSI progress report – Agreement on an extension of the transitional period referred to in Article 95 of Regulation (EC) No 987/2009 – Approval of SEDs (Structured Electronic Documents) – Agreement on extension of mandate of Ad Hoc Groups
    • Recent case-law• Case C-388/09 Da Silva Martins: exportability of long-term care benefits• Case C-485/07 Akdas: direct effect of Article 6 of Decision 3/80• Case C-503/09 Lucy Stewart: compatibility of a residence requirement with Article 21 TFEU
    • Outlook on future work• Linking coordination better to the EU agenda (mobility of the unemployed, White Paper on pensions, SPC actions)• Reflection on how to better coordinate of long-term care benefits• Reflection on new trends in the social and economic environment
    • Information sources• Commission‘s website – http://ec.europa.eu/social-security-coordination – Links to legislation, official documents – Practical guide on applicable legislation – “Small Guide“ on citizen‘s rights – Explanatory notes• trESS network – http://www.tress-network.org – trESS seminars
    • Other support• Funding of transnational actions proposed by national administrations, NGOs or other non- profit organisations – Call for proposals http://ec.europa.eu/social/main.jsp?langId=en&catId=871
    • QuestionsThank you very much for your attention