The document discusses the modernized EU rules on social security coordination and applicable legislation. Key points include:
1) The modernized rules aim to simplify coordination, improve citizen protections, clarify rules based on case law, and strengthen administrative cooperation between member states.
2) The rules strengthen the "lex loci laboris" principle that the legislation of the state where a person works applies. Exceptions include rules for non-active persons and posted workers.
3) New provisions include limits of up to two years for posted worker rules, and determining legislation based on where a substantial part of work activity occurs if a person works in multiple states.
4) Administrative changes involve portable documents to determine applicable legislation, a
The document discusses modernizations to the European Union's Social Security Coordination regulations. Key changes include simplification, clarification of rules, and strengthened cooperation between member state institutions. It overviews innovations to applicable legislation determination, sickness and maternity benefits, and the implementation of electronic data exchange between member state social security agencies.
The document discusses modernized EU regulations on social security coordination from 2010. It provides key statistics on labor mobility in Europe and coordination of social benefits across borders. The new regulations (Regulations 883/2004 and 987/2009) aim to simplify rules, improve rights protection, and strengthen cooperation between member state institutions through electronic information exchange and other administrative reforms.
2010 - Modernised EU Social Security Coordination and Old-Age PensionstrESS Network
The document summarizes key aspects of modernized EU social security coordination and old-age pensions regulations. It discusses (1) the context and basic principles of social security coordination, including equality of treatment and aggregation of periods; (2) over 50 years of coordination regulations; (3) two new regulations from 2004 and 2009 that were updated, simplified, and clarified; and (4) core principles of modernization including strengthened institutional procedures and enhanced cooperation between member states.
2010 - Modernised EU Social Security Coordination and Old-Age PensionstrESS Network
The document summarizes key changes to EU social security coordination regulations regarding modernized rules for old-age pensions. It highlights increased cooperation between social security institutions, including a proactive role for contact institutions to provide advice and information to citizens. Other changes discussed include provisions for child-raising periods, assimilation of facts between countries, and a right to review pension decisions impacted by interactions between multiple institutions. Current issues before the Administrative Commission relate to explanatory notes, portable documents, and periods of coverage.
2010 - Modernised EU Social Security Coordination and Applicable LegislationtrESS Network
The document summarizes key aspects of the modernized EU social security coordination system and applicable legislation. It discusses the new basic regulation 883/2004 and implementing regulation 987/2009, which established key elements like simplification, clarification, and strengthened administrative cooperation between member states. It also covers transitional provisions, the role of the administrative commission, portable documents, electronic data exchange (EESSI), and rules on unemployment benefits and family benefits under the new regulations.
This document discusses the key principles and legal provisions around social security coordination for old-age pensions in the European Union. It covers topics such as full exportability of pensions, aggregation of periods of coverage across countries, and fair cost-sharing mechanisms. The main legal frameworks are Regulations 883/2004 and 987/2009 which cover issues like assimilation of facts and periods. The document outlines the process for claiming benefits, including the role of the contact institution in investigating claims and exchanging information with other institutions. It also discusses procedures for notifying decisions, the right to review decisions summarized in a pension coordination note, and transitional provisions related to changes in regulations over time.
2010 - Modernised EU Social Security CoördinationtrESS Network
This document provides an overview of the modernization of EU social security coordination legislation. It discusses three main areas:
1) Simplification of the legislation through reducing specific provisions and bringing similar rules together.
2) Improved protection for individuals through clearer cooperation between institutions and ensuring individuals can access their rights quickly.
3) Modernization and clarification of issues like posting limits, determining applicable legislation for multiple state activities, residence criteria, and transitional provisions for changes in applicable legislation.
The document outlines the key changes and where to find more information on the updated regulations.
This report provides recommendations for 2010 per diem rates for shelters, funding levels for shelter contracts, and changes to the existing per diem funding model based on a review. It recommends approval of per diem rates and capacities for shelters, authorization to enter contracts with shelters and issue payments up to specified amounts, and approval of recommendations from the funding model review to be forwarded to provincial ministers. The financial impact includes increased gross budget of $0.737 million and decreased net budget of $0.189 million for shelter contracts compared to 2009.
The document discusses modernizations to the European Union's Social Security Coordination regulations. Key changes include simplification, clarification of rules, and strengthened cooperation between member state institutions. It overviews innovations to applicable legislation determination, sickness and maternity benefits, and the implementation of electronic data exchange between member state social security agencies.
The document discusses modernized EU regulations on social security coordination from 2010. It provides key statistics on labor mobility in Europe and coordination of social benefits across borders. The new regulations (Regulations 883/2004 and 987/2009) aim to simplify rules, improve rights protection, and strengthen cooperation between member state institutions through electronic information exchange and other administrative reforms.
2010 - Modernised EU Social Security Coordination and Old-Age PensionstrESS Network
The document summarizes key aspects of modernized EU social security coordination and old-age pensions regulations. It discusses (1) the context and basic principles of social security coordination, including equality of treatment and aggregation of periods; (2) over 50 years of coordination regulations; (3) two new regulations from 2004 and 2009 that were updated, simplified, and clarified; and (4) core principles of modernization including strengthened institutional procedures and enhanced cooperation between member states.
2010 - Modernised EU Social Security Coordination and Old-Age PensionstrESS Network
The document summarizes key changes to EU social security coordination regulations regarding modernized rules for old-age pensions. It highlights increased cooperation between social security institutions, including a proactive role for contact institutions to provide advice and information to citizens. Other changes discussed include provisions for child-raising periods, assimilation of facts between countries, and a right to review pension decisions impacted by interactions between multiple institutions. Current issues before the Administrative Commission relate to explanatory notes, portable documents, and periods of coverage.
2010 - Modernised EU Social Security Coordination and Applicable LegislationtrESS Network
The document summarizes key aspects of the modernized EU social security coordination system and applicable legislation. It discusses the new basic regulation 883/2004 and implementing regulation 987/2009, which established key elements like simplification, clarification, and strengthened administrative cooperation between member states. It also covers transitional provisions, the role of the administrative commission, portable documents, electronic data exchange (EESSI), and rules on unemployment benefits and family benefits under the new regulations.
This document discusses the key principles and legal provisions around social security coordination for old-age pensions in the European Union. It covers topics such as full exportability of pensions, aggregation of periods of coverage across countries, and fair cost-sharing mechanisms. The main legal frameworks are Regulations 883/2004 and 987/2009 which cover issues like assimilation of facts and periods. The document outlines the process for claiming benefits, including the role of the contact institution in investigating claims and exchanging information with other institutions. It also discusses procedures for notifying decisions, the right to review decisions summarized in a pension coordination note, and transitional provisions related to changes in regulations over time.
2010 - Modernised EU Social Security CoördinationtrESS Network
This document provides an overview of the modernization of EU social security coordination legislation. It discusses three main areas:
1) Simplification of the legislation through reducing specific provisions and bringing similar rules together.
2) Improved protection for individuals through clearer cooperation between institutions and ensuring individuals can access their rights quickly.
3) Modernization and clarification of issues like posting limits, determining applicable legislation for multiple state activities, residence criteria, and transitional provisions for changes in applicable legislation.
The document outlines the key changes and where to find more information on the updated regulations.
This report provides recommendations for 2010 per diem rates for shelters, funding levels for shelter contracts, and changes to the existing per diem funding model based on a review. It recommends approval of per diem rates and capacities for shelters, authorization to enter contracts with shelters and issue payments up to specified amounts, and approval of recommendations from the funding model review to be forwarded to provincial ministers. The financial impact includes increased gross budget of $0.737 million and decreased net budget of $0.189 million for shelter contracts compared to 2009.
Legislative change table 1 September 2013Paul Adderson
The document tracks recent and pending changes to UK employment law. It outlines several proposed or approved changes, including:
1) Possible updates to the ACAS Code of Practice to clarify certain areas.
2) Reviews of agency worker regulations and compromise/settlement agreements to simplify processes.
3) Reductions to collective redundancy consultation periods from 90 to 45 days and exclusions of fixed-term contracts.
4) Increased shareholder involvement in executive pay and several other changes approved or under consideration regarding discrimination, flexible working, parental leave, and rapid resolution of employment claims.
Compensation and accompanying of Jobseekers In franceUnédic
It is as part of public service for employment that are organized, in France, compensation and support for jobseekers. Indeed, the public service for employment has missions for: reception, orientation, training and integration and it contains placing, compensation and jobseekers accompanying.
The document summarizes key aspects of the Indian central budget for 2011-2012 that was presented on February 28, 2011 by the Finance Minister. Some highlights include:
- Total expenditure was estimated at ₹12.57 trillion with an 18.3% increase in plan allocation and 10.9% increase in non-plan expenditure.
- The fiscal deficit was projected to decline from 5.5% in 2010-2011 to 5.1% and further reduced to 4.6% of GDP by 2011-2012.
- Direct taxes included raising the exemption limit for individual taxpayers and reducing the surcharge for domestic companies. Service tax was expanded to certain hotel and hospital services.
2010 - New Social Security Regulations 883/2004 & 987/2009trESS Network
This document discusses modernizations to the European Union's Social Security Coordination regulations. Key points include:
1) Regulations 883/2004 and 987/2009 updated the coordination system to reflect current practices, simplify rules, and strengthen protections for individuals.
2) Enhanced cooperation between social security institutions allows individuals quicker access to their rights. Improved dialogue and conciliation mechanisms resolve disputes.
3) Determination of applicable legislation was clarified, strengthening the principles of unicity and lex loci laboris. Provisions on posting employees and activities in multiple states were also updated.
This document provides a summary of a report by PricewaterhouseCoopers on taxation matters in Jersey. The report was commissioned by the States of Jersey Finance and Economic Committee to review propositions put forward by Senator Stuart Syvret in his paper on taxation policies. The summary outlines the background and scope of the project, provides a high-level overview of the report's contents and conclusions, and identifies 10 key points regarding taxation in Jersey.
CEN ISSS Public Workshop Lindsberger Tg 1[1]guest642d13
1. The document summarizes a meeting about establishing an e-invoicing gateway website.
2. It discusses setting up country information managers to provide country-specific e-invoicing details on the site.
3. The site would also include a knowledge base with wiki, issue lists, and best practices, as well as a community for sharing experiences.
The document summarizes several tax law changes under the Affordable Care Act that took effect in 2010 or will take effect in 2011, including:
1) The adoption tax credit was increased to a maximum of $13,170 per child and made refundable for 2010.
2) Flexible spending arrangements will no longer reimburse over-the-counter medicines without a prescription starting in 2011.
3) Employers have an optional requirement to report the cost of employer-provided health coverage on W-2 forms starting in 2011 for informational purposes.
4) Health coverage was expanded to include children under age 27 for tax-free employer-provided health plans starting in 2010.
The document discusses pending court cases in India, specifically in the courts of Allahabad, including the High Court of Allahabad and its Lucknow bench, as well as subordinate courts and fast track courts. It provides details on the current pendency of civil and criminal cases as of June 30, 2021. It also notes that the COVID-19 pandemic has increased the number of cases filed and reduced disposals, thereby increasing overall pendency. It outlines several measures taken by the government to address the increased backlog of cases, such as improving court infrastructure and technology, increasing the number of judges, establishing fast track courts, promoting alternative dispute resolution, and amending various laws.
The Southwest California Legislative Council is an advocacy coalition comprised of representative members of the Temecula Valley, Murrieta, Wildomar, Menifee Valley, Lake Elsinore Valley and Perris Valley Chambers of Commerce representing more than 3,500 employers dedicated to promoting job growth, economic expansion, and preserving the overall global competitiveness of California.
2012 - European case law and family benefitstrESS Network
The document summarizes key principles from European case law regarding family benefits and cross-border situations:
1) Family benefits have a broad scope and include any cash or in-kind benefits intended to meet family expenses. Beneficiaries can include spouses, children, and non-active persons in certain situations.
2) Residence clauses cannot prevent a worker from receiving benefits for family members residing in another member state. Assimilation of facts principles also apply.
3) Overlapping benefits are addressed through priority rules that typically give precedence to benefits where family members reside and a recipient pursues work. However, these priorities can be reversed in some cases.
4) A member state may still voluntarily grant
national health care reform update - understanding the new plan - update nove...John Beyer
The document provides an overview of the history and key provisions of the Patient Protection and Affordable Care Act (PPACA). It discusses the legislation's passage in 2010 and subsequent Supreme Court ruling in 2012 upholding most provisions. Major reforms going into effect in 2014 include the individual mandate requiring health insurance coverage, creation of state health insurance exchanges, expanded Medicaid eligibility, and prohibitions on denying coverage due to pre-existing conditions.
The document summarizes recent and proposed changes to UK employment law across several issues. Key changes include reducing the collective redundancy consultation period to 45 days, increasing unpaid parental leave to 18 weeks, extending the right to request flexible working to all employees by 2014, and removing discrimination questionnaires likely by April 2014. The government is also considering proposals like compulsory pay audits for employers who lose equal pay claims and a rapid resolution system for straightforward employment tribunal cases.
Greece has the highest non-performing loan (NPL) ratio in the EU at 28.8% as of Q3 2020, compared to the EU average of 2.8%. The four largest Greek banks aim to reduce their NPL ratios to under 10% by 2022. New laws have been introduced to facilitate the resolution of private debt and protect debtors' primary residences, while providing debt relief and a fresh start. Several large NPL portfolio sale and securitization deals have taken place in recent years to help banks accelerate the reduction of their NPLs.
This document summarizes various regulatory reliefs provided by the Cooperative Development Authority (CDA) to cooperatives and their members in light of the COVID-19 pandemic. It discusses memorandums that extended deadlines for report submissions, certificates of compliance, and trainings. It also allowed for electronic processing of auditors and trainings. Most notably, it permitted general assembly meetings and board meetings to be held through videoconferencing. Additionally, it mandated a 30-day grace period for loan payments falling due during quarantine periods and allowed for holdover of officers until elections can be safely held. The reliefs aimed to ease burdens on cooperatives and borrowers during the difficult public health crisis.
2012 - The coördination of Social Security in Europe: applicable legislationtrESS Network
The document discusses applicable social security legislation regarding posting of workers, self-employed persons, and pursuit of activities in multiple EU member states. It examines case studies on applicable legislation for flat-rate health contributions and employment on vessels. Future challenges include modifying EU regulations to introduce a "home base" concept for flying personnel and changing rules for activities in multiple states.
The court document is a judgment from the High Court of Delhi regarding a writ petition related to the draft Environmental Impact Assessment (EIA) notification published by the central government on April 11, 2020. In the summary, the court clarifies that the deadline for public comments on the draft notification has been extended to August 11, 2020, not June 30 as stated in one of the government notifications. The court also directs the government to translate the draft EIA notification into other languages listed in the Indian constitution within 10 days to better facilitate public participation from across the country.
This document outlines the objectives, targets, stakeholders, and accomplishments of the Philippines' efforts to uphold indigenous peoples' rights from 2012-2016, as presented in its 2nd Human Rights Plan. The three main objectives were: 1) To protect indigenous peoples' rights to ancestral domains, lands, and resources; 2) To enhance indigenous peoples' access to justice systems and recognition of customary laws; and 3) To respect, protect and fulfill indigenous peoples' civil/political rights. Key accomplishments included approving more certificates for ancestral domains, strengthening guidelines around free prior informed consent, and establishing mechanisms like the Quick Response Mechanism to address human rights violations of indigenous peoples. Challenges included lack of funds and delays in inter-agency coordination.
This document discusses the objectives and activities of the National Commission on Indigenous Peoples (NCIP) in the Philippines related to upholding the rights of Indigenous Peoples. Some key points:
1) The NCIP aims to recognize Indigenous Peoples' rights to ancestral domains, lands, and resources through policies like free, prior, and informed consent (FPIC) and by documenting Indigenous communities.
2) Efforts are made to enhance access to justice systems and recognize traditional justice, and to protect civil/political rights and address human rights violations through mechanisms like the Quick Response Mechanism.
3) Respecting Indigenous self-determination and development is a goal, to be achieved by documenting Indigenous knowledge and political
The document discusses Finland's earnings-related pension system. It notes that:
- Earnings-related pensions make up about half of pensions in Finland and are the most important type. They are managed by pension funds and insurance companies.
- The Finnish Centre for Pensions is a statutory body that produces common services to support the administration of earnings-related pensions, which cover virtually all employed people in Finland.
- In 2012, earnings-related pensions accounted for 19.49 billion euros in social insurance expenditures, making it the largest single program. Most pensioners receive an earnings-related pension, with the average monthly payment being 1,415 euros.
2010 - New Social Security Regulations 883/2004 & 987/2009trESS Network
The document summarizes key aspects of modernized Social Security Coordination regulations 883/2004 and 987/2009. It highlights innovations including inclusion of paternity benefits, explicit provisions for child-raising periods, new posting provisions, and improved procedures for healthcare cost reimbursement and recovery. It describes enhanced cooperation between institutions and new dialogue and conciliation mechanisms to resolve disputes. Determination of applicable legislation was clarified, strengthening the unicity and lex loci laboris principles. Transitional provisions were included. Innovations for sickness, maternity, pensions, and unemployment benefits were also summarized.
The document discusses the UK's implementation of the Electronic Exchange of Social Security Information (EESSI) system. EESSI will allow the electronic exchange of social security data between EU member states. The UK project has three tiers: 1) the EU-wide EESSI infrastructure, 2) the UK National Access Point, and 3) interfaces with individual UK department systems. Progress is being made towards developing the UK National Access Point and integrating department systems by the April 2012 deadline.
Legislative change table 1 September 2013Paul Adderson
The document tracks recent and pending changes to UK employment law. It outlines several proposed or approved changes, including:
1) Possible updates to the ACAS Code of Practice to clarify certain areas.
2) Reviews of agency worker regulations and compromise/settlement agreements to simplify processes.
3) Reductions to collective redundancy consultation periods from 90 to 45 days and exclusions of fixed-term contracts.
4) Increased shareholder involvement in executive pay and several other changes approved or under consideration regarding discrimination, flexible working, parental leave, and rapid resolution of employment claims.
Compensation and accompanying of Jobseekers In franceUnédic
It is as part of public service for employment that are organized, in France, compensation and support for jobseekers. Indeed, the public service for employment has missions for: reception, orientation, training and integration and it contains placing, compensation and jobseekers accompanying.
The document summarizes key aspects of the Indian central budget for 2011-2012 that was presented on February 28, 2011 by the Finance Minister. Some highlights include:
- Total expenditure was estimated at ₹12.57 trillion with an 18.3% increase in plan allocation and 10.9% increase in non-plan expenditure.
- The fiscal deficit was projected to decline from 5.5% in 2010-2011 to 5.1% and further reduced to 4.6% of GDP by 2011-2012.
- Direct taxes included raising the exemption limit for individual taxpayers and reducing the surcharge for domestic companies. Service tax was expanded to certain hotel and hospital services.
2010 - New Social Security Regulations 883/2004 & 987/2009trESS Network
This document discusses modernizations to the European Union's Social Security Coordination regulations. Key points include:
1) Regulations 883/2004 and 987/2009 updated the coordination system to reflect current practices, simplify rules, and strengthen protections for individuals.
2) Enhanced cooperation between social security institutions allows individuals quicker access to their rights. Improved dialogue and conciliation mechanisms resolve disputes.
3) Determination of applicable legislation was clarified, strengthening the principles of unicity and lex loci laboris. Provisions on posting employees and activities in multiple states were also updated.
This document provides a summary of a report by PricewaterhouseCoopers on taxation matters in Jersey. The report was commissioned by the States of Jersey Finance and Economic Committee to review propositions put forward by Senator Stuart Syvret in his paper on taxation policies. The summary outlines the background and scope of the project, provides a high-level overview of the report's contents and conclusions, and identifies 10 key points regarding taxation in Jersey.
CEN ISSS Public Workshop Lindsberger Tg 1[1]guest642d13
1. The document summarizes a meeting about establishing an e-invoicing gateway website.
2. It discusses setting up country information managers to provide country-specific e-invoicing details on the site.
3. The site would also include a knowledge base with wiki, issue lists, and best practices, as well as a community for sharing experiences.
The document summarizes several tax law changes under the Affordable Care Act that took effect in 2010 or will take effect in 2011, including:
1) The adoption tax credit was increased to a maximum of $13,170 per child and made refundable for 2010.
2) Flexible spending arrangements will no longer reimburse over-the-counter medicines without a prescription starting in 2011.
3) Employers have an optional requirement to report the cost of employer-provided health coverage on W-2 forms starting in 2011 for informational purposes.
4) Health coverage was expanded to include children under age 27 for tax-free employer-provided health plans starting in 2010.
The document discusses pending court cases in India, specifically in the courts of Allahabad, including the High Court of Allahabad and its Lucknow bench, as well as subordinate courts and fast track courts. It provides details on the current pendency of civil and criminal cases as of June 30, 2021. It also notes that the COVID-19 pandemic has increased the number of cases filed and reduced disposals, thereby increasing overall pendency. It outlines several measures taken by the government to address the increased backlog of cases, such as improving court infrastructure and technology, increasing the number of judges, establishing fast track courts, promoting alternative dispute resolution, and amending various laws.
The Southwest California Legislative Council is an advocacy coalition comprised of representative members of the Temecula Valley, Murrieta, Wildomar, Menifee Valley, Lake Elsinore Valley and Perris Valley Chambers of Commerce representing more than 3,500 employers dedicated to promoting job growth, economic expansion, and preserving the overall global competitiveness of California.
2012 - European case law and family benefitstrESS Network
The document summarizes key principles from European case law regarding family benefits and cross-border situations:
1) Family benefits have a broad scope and include any cash or in-kind benefits intended to meet family expenses. Beneficiaries can include spouses, children, and non-active persons in certain situations.
2) Residence clauses cannot prevent a worker from receiving benefits for family members residing in another member state. Assimilation of facts principles also apply.
3) Overlapping benefits are addressed through priority rules that typically give precedence to benefits where family members reside and a recipient pursues work. However, these priorities can be reversed in some cases.
4) A member state may still voluntarily grant
national health care reform update - understanding the new plan - update nove...John Beyer
The document provides an overview of the history and key provisions of the Patient Protection and Affordable Care Act (PPACA). It discusses the legislation's passage in 2010 and subsequent Supreme Court ruling in 2012 upholding most provisions. Major reforms going into effect in 2014 include the individual mandate requiring health insurance coverage, creation of state health insurance exchanges, expanded Medicaid eligibility, and prohibitions on denying coverage due to pre-existing conditions.
The document summarizes recent and proposed changes to UK employment law across several issues. Key changes include reducing the collective redundancy consultation period to 45 days, increasing unpaid parental leave to 18 weeks, extending the right to request flexible working to all employees by 2014, and removing discrimination questionnaires likely by April 2014. The government is also considering proposals like compulsory pay audits for employers who lose equal pay claims and a rapid resolution system for straightforward employment tribunal cases.
Greece has the highest non-performing loan (NPL) ratio in the EU at 28.8% as of Q3 2020, compared to the EU average of 2.8%. The four largest Greek banks aim to reduce their NPL ratios to under 10% by 2022. New laws have been introduced to facilitate the resolution of private debt and protect debtors' primary residences, while providing debt relief and a fresh start. Several large NPL portfolio sale and securitization deals have taken place in recent years to help banks accelerate the reduction of their NPLs.
This document summarizes various regulatory reliefs provided by the Cooperative Development Authority (CDA) to cooperatives and their members in light of the COVID-19 pandemic. It discusses memorandums that extended deadlines for report submissions, certificates of compliance, and trainings. It also allowed for electronic processing of auditors and trainings. Most notably, it permitted general assembly meetings and board meetings to be held through videoconferencing. Additionally, it mandated a 30-day grace period for loan payments falling due during quarantine periods and allowed for holdover of officers until elections can be safely held. The reliefs aimed to ease burdens on cooperatives and borrowers during the difficult public health crisis.
2012 - The coördination of Social Security in Europe: applicable legislationtrESS Network
The document discusses applicable social security legislation regarding posting of workers, self-employed persons, and pursuit of activities in multiple EU member states. It examines case studies on applicable legislation for flat-rate health contributions and employment on vessels. Future challenges include modifying EU regulations to introduce a "home base" concept for flying personnel and changing rules for activities in multiple states.
The court document is a judgment from the High Court of Delhi regarding a writ petition related to the draft Environmental Impact Assessment (EIA) notification published by the central government on April 11, 2020. In the summary, the court clarifies that the deadline for public comments on the draft notification has been extended to August 11, 2020, not June 30 as stated in one of the government notifications. The court also directs the government to translate the draft EIA notification into other languages listed in the Indian constitution within 10 days to better facilitate public participation from across the country.
This document outlines the objectives, targets, stakeholders, and accomplishments of the Philippines' efforts to uphold indigenous peoples' rights from 2012-2016, as presented in its 2nd Human Rights Plan. The three main objectives were: 1) To protect indigenous peoples' rights to ancestral domains, lands, and resources; 2) To enhance indigenous peoples' access to justice systems and recognition of customary laws; and 3) To respect, protect and fulfill indigenous peoples' civil/political rights. Key accomplishments included approving more certificates for ancestral domains, strengthening guidelines around free prior informed consent, and establishing mechanisms like the Quick Response Mechanism to address human rights violations of indigenous peoples. Challenges included lack of funds and delays in inter-agency coordination.
This document discusses the objectives and activities of the National Commission on Indigenous Peoples (NCIP) in the Philippines related to upholding the rights of Indigenous Peoples. Some key points:
1) The NCIP aims to recognize Indigenous Peoples' rights to ancestral domains, lands, and resources through policies like free, prior, and informed consent (FPIC) and by documenting Indigenous communities.
2) Efforts are made to enhance access to justice systems and recognize traditional justice, and to protect civil/political rights and address human rights violations through mechanisms like the Quick Response Mechanism.
3) Respecting Indigenous self-determination and development is a goal, to be achieved by documenting Indigenous knowledge and political
The document discusses Finland's earnings-related pension system. It notes that:
- Earnings-related pensions make up about half of pensions in Finland and are the most important type. They are managed by pension funds and insurance companies.
- The Finnish Centre for Pensions is a statutory body that produces common services to support the administration of earnings-related pensions, which cover virtually all employed people in Finland.
- In 2012, earnings-related pensions accounted for 19.49 billion euros in social insurance expenditures, making it the largest single program. Most pensioners receive an earnings-related pension, with the average monthly payment being 1,415 euros.
2010 - New Social Security Regulations 883/2004 & 987/2009trESS Network
The document summarizes key aspects of modernized Social Security Coordination regulations 883/2004 and 987/2009. It highlights innovations including inclusion of paternity benefits, explicit provisions for child-raising periods, new posting provisions, and improved procedures for healthcare cost reimbursement and recovery. It describes enhanced cooperation between institutions and new dialogue and conciliation mechanisms to resolve disputes. Determination of applicable legislation was clarified, strengthening the unicity and lex loci laboris principles. Transitional provisions were included. Innovations for sickness, maternity, pensions, and unemployment benefits were also summarized.
The document discusses the UK's implementation of the Electronic Exchange of Social Security Information (EESSI) system. EESSI will allow the electronic exchange of social security data between EU member states. The UK project has three tiers: 1) the EU-wide EESSI infrastructure, 2) the UK National Access Point, and 3) interfaces with individual UK department systems. Progress is being made towards developing the UK National Access Point and integrating department systems by the April 2012 deadline.
2010 - EESSI - Electronic Exchange of Social Security Information trESS Network
This document provides information about the Electronic Exchange of Social Security Information (EESSI) architecture from a Romanian perspective. It describes the EESSI network structure with Member States, national networks, and access points connected via the international EESSI network and TESTA. Romania has 4 access points covering different social security areas. The document outlines Romania's progress in establishing access points and connecting to the EESSI network. It discusses timelines for testing, training, and integrating EESSI into Romania's national environment by reengineering national applications.
The trESS network was established in 2005 to coordinate social security schemes in the EU, EEA, and Switzerland. It aims to increase knowledge of coordination regulations, build networks of professionals, report on implementation of EU regulations, and provide analytical support to the European Commission. Main activities include specialized training seminars, information sharing through its website and newsletters, and reporting on implementation in 32 countries through annual European Reports.
In this session, Glenn and Toon will provide some basic insights into the recent B2B messaging protocol AS4. The core concepts will be explained of how AS4 establishes a reliable and secure message exchange between trading partners. As AS4 is not out-of-the-box supported by Microsoft, this session aims to demonstrate that Microsoft products can be extended in order to be interoperable with AS4. Expect a nice mix of theoretical concepts and practical demos.
2011 - Recent developments in the field of the coordination of social securit...trESS Network
The document summarizes recent developments in EU coordination of social security systems, including:
1) Legal framework updates to regulations and decisions by the Administrative Commission on issues like unemployment benefits for self-employed frontier workers and coordination with other EU directives.
2) Current work of the Administrative Commission on reimbursement of unemployment benefits for former frontier workers, relationships with other EU law, and electronic exchange of social security information.
3) Future work outlook on better linking coordination to EU mobility agenda, long-term care benefits, and new social and economic trends.
2010 - The new EU Social Security Regulations – preparations, anticipated iss...trESS Network
The new EU Social Security Regulations will simplify and modernize existing regulations while consolidating and clarifying provisions and incorporating case law. This presents preparations challenges and potential issues for Malta as a micro-state. Preparations include training staff, public information campaigns, and assessing electronic exchange systems. Potential issues include unclear provisions, complex implementation, disagreement on transitional periods, and impact of different information exchange methods on a small administration. Risks include non-comprehensive coverage of emerging trends and potential manipulation by employers.
2012 - Recent developments at EU level concerning social security coordinationtrESS Network
This document summarizes recent developments in EU social security coordination:
1) Regulation (EU) 465/2012 modified Regulations 883/2004 and 987/2009 to provide the legal basis for changing the social security coordination rules under the Lisbon Treaty.
2) Decisions were reached to apply the coordination regulations to Switzerland and EEA countries.
3) A communication addressed strengthening cooperation between EU countries on social security coordination with third countries.
4) The Administrative Commission discussed topics like unemployment benefits, healthcare coverage, and patients' mobility and made decisions or recommendations.
5) Preparations for the EESSI project to digitize social security exchanges between countries were discussed.
2012 - Recent developments at EU level concerning social security coordinationtrESS Network
Recent developments at the EU level concerning social security coordination include:
1) Legislative developments such as miscellaneous amendments to regulations in 2010 and discussions on further amendments.
2) Work of the Administrative Commission including new decisions, recommendations, and guidance on various issues.
3) Case law from the Court of Justice on topics like aggregation of periods and coordination of long-term care benefits.
4) An outlook on the potential revision of coordination regulations, including a review of provisions on unemployment benefits and long-term care.
The organisation of social security coordinationStevenSegaert
The document discusses the organization of social security coordination in the European Union. It outlines four key principles of EU coordination: 1) avoiding conflicts of law to determine applicable legislation, 2) equality of treatment regardless of nationality, 3) aggregation of insurance periods across countries, and 4) exportability of benefits regardless of residence. The document also describes the EESSI project which aims to facilitate electronic exchange of information between EU countries to help practically implement the coordination principles.
Presentation about the SPOCS project on pan-European interoperability for the Services Directive, given at the EEMA eIdentity conference in London on 10 June 2010.
SPOCS Presentation EEMA Conference London June 2010Dinand Tinholt
Presentation given by Dinand Tinholt, SPOCS Programme Director, about European interoperability of cross-border business startup at the EEMA conference in London on 10 June 2010.
2012 - The Lithuanian experience of coordination of unemployment benefitstrESS Network
The document discusses Lithuania's experience coordinating unemployment benefits across EU/EEA countries as required by EU regulations, including statistics on benefit coordination, the roles of Lithuanian institutions in the process, challenges faced including differences in benefit calculations and slow communication with other countries' institutions. It also provides details on Lithuania's internal processes and systems for handling benefit coordination cases.
2011 - Activities of the Member States in the Administrative Commission on th...trESS Network
The Administrative Commission has been actively working to implement the new EU regulations on social security coordination between member states. This includes revising over 70 interpretative decisions and recommendations, adopting new guidance on issues like applicable legislation, and ongoing discussions on strategic issues like the relationship between social security coordination and other EU laws. The Commission is also monitoring the progress of the EESSI electronic data exchange project and enhancing cooperation between member states on fraud prevention.
Towards legally-compliant governmental case work with Dynamic Condition Respo...Hugo Andrés López
We present ongoing efforts of generating computational models of danish regulations, as well as identifying the fragments that can be prone for formal verification.
Regional Intergovernmental Regulations on Trade in Services EU L.docxsodhi3
Regional Intergovernmental Regulations on Trade in Services
EU Law on Trade in Services
The EU is a common market not only for goods but also for services and (as discussed later in the chapter) labor. In comparison with GATS, the Treaty Establishing the European Community (EC Treaty), and the Lisbon Treaty of 2010 are the principal source of law in the EU, and create a much more open and liberal market for services (and business in general) between and among its member states. The EC Treaty provides that, within the EU, “restrictions on the freedom to provide services”56 and “restrictions on the freedom of establishment”57 are to be progressively abolished. In essence, service suppliers and entrepreneurs have consistently acquired (as the EU integrates and EU law evolves) greater rights to do business in all EU member states.
The EU freedom to provide services relates to economic activities carried out on a temporary or nonpermanent basis. It applies, for example, when a Danish firm of consultants advises businesses in Greece or an Italian construction company erects a building in Spain.
The EU right of establishment authorizes a natural person or a company to settle permanently in a member state and carry on a business.58 It includes the right to set up and carry on a business both as an individual and as an employer.59
Concern has been expressed that some cases fall between the scope of both of these guarantees.60 An example would be a British camera crew filming scenes in France and Germany. Because the crew is neither establishing itself nor providing or receiving services, neither of the two guarantees fits exactly. However, in several cases, the European Court of Justice has read the two provisions together and hinted that it regards them as part of a general right of a self-employed person to pursue activities throughout the EU regardless of the location of his principal office or the kind of economic endeavor in which he is involved.61
To ensure that the right of establishment and the freedom to provide services are meaningful guarantees, the EC Treaty declares that the self-employed and the employees of service suppliers are entitled to travel freely within the member states of the EU and to carry on their activities free from discrimination.62 In order to “create a real internal services market by 2010” the EU enacted the so-called Services Directive in 2006 (Directive 2006/123/EC). This legislation aims to “facilitate freedom of establishment for providers in other Member States and the freedom of provision of services between Member States.” The directive (which was required to be implemented by all members by December 29, 2009) was intended to “increase the choice offered to recipients and improve the quality of services both for consumers and businesses using these services.”
As often happens, all EU nations did not meet the deadline for enacting legislation implementing the directive. In June 2010, the EU Commission sen ...
The document summarizes the European Open Science Cloud (EOSC). It discusses the first phase of EOSC from 2018-2020 which is addressing six roadmap action lines through various H2020 projects. The second phase beginning in 2020 is dependent on an evaluation of the first phase. Current EOSC governance is working to steer initial implementation and transition to the second stage. Several working groups have been established to work on key outputs around rules of participation, landscape and sustainability analysis, architecture, and FAIR data principles. The transition to the second phase will require addressing issues around governance, funding, and establishing a core infrastructure.
This report examines the phenomenon of telework in the EU – particularly in the context of the European Framework Agreement on Telework, which was signed by the peak social partners in July 2002. The report first assesses the incidence of telework across the 27 EU Members States and Norway, highlighting the overall increase in telework usage. It goes on to examine the regulatory framework for telework, with a particular focus on the European Framework Agreement’s implementation in the context of national industrial relations systems and given the unique nature of this autonomous agreement. The report also looks at issues concerning the employment and working conditions of teleworkers – such as health and safety, data protection, access to training and the voluntary nature of telework. It concludes with an overview of the social partners’ position on telework.
The document examines telework in the European Union based on a report by the European Foundation for the Improvement of Living and Working Conditions. It finds that telework has increased across the EU in recent years and is now used by 7% of employees on a regular basis. Countries with the highest rates of telework include the Czech Republic, Denmark, and Belgium. Telework is more common among higher skilled workers, in industries like real estate and finance, and for occupations in professional, managerial, and technical roles. The report provides an overview of the definition, regulatory framework, and implementation of the 2002 European Framework Agreement on Telework.
The document is a questionnaire about knowledge of and preparedness for INSPIRE, the European Union directive regarding cross-border sharing of spatial data and services. It contains questions in three parts: 1) about understanding an organization's data needs and holdings, 2) knowledge of INSPIRE, and 3) ranking components of a Spatial Data Infrastructure in order of importance. The questionnaire aims to assess knowledge of INSPIRE requirements and help determine an organization's readiness for implementation.
The document provides summary minutes from the 3rd meeting of the eHealth Network. Key discussions included:
- Agreement to use the set of patient data developed in the epSOS project as the basis for an interoperability guideline.
- Emphasis on ensuring sustainability of eHealth services to qualify for funding from the Connecting Europe Facility.
- Support for establishing a standing coordination group to promote interoperability and help services obtain CEF funding.
- Need for further work on SNOMED CT terminology and patient access to health data before the next meeting in November.
The document summarizes the final report of the Expert Group on e-Invoicing, which was established by the European Commission to propose a European e-Invoicing Framework. [1] The report defines business requirements for widespread adoption of e-invoicing, identifies gaps in the current market, and recommends a framework to address these gaps. [2] The recommendations include harmonizing legal/VAT frameworks, adopting common invoice standards, prioritizing the needs of SMEs, and establishing processes to implement the framework across Europe. [3] The Commission is seeking public consultation on the report's analysis and recommendations by February 2010.
2012 - Latest developments at EU level concerning social security coordinationtrESS Network
The document summarizes recent developments in EU legislation regarding social security coordination. It discusses the change in the legal basis for coordination rules under the Lisbon Treaty, allowing for qualified majority voting. It also outlines key changes proposed in 2010 to Regulation 883/2004 and 987/2009, including provisions related to posted workers, aircrew members, working in multiple countries, and unemployment benefits for self-employed people. Administrative and judicial developments are also mentioned.
The Expert Group on e-Invoicing has been making progress on developing a European e-Invoicing Framework. They have established three work streams: developing business requirements, simplifying the legal/regulatory framework, and establishing network solutions and standards. They have held three meetings so far and are on track to deliver a mid-term report in 2008 and the final European e-Invoicing Framework by the end of 2009. The framework aims to establish common structures to support interoperable e-Invoicing across Europe and help realize an estimated 238 billion euros in cost savings.
Similar to 2010 - Modernised EU Social Security Coordination and Applicable Legislation (20)
This document contains several case studies related to determining the applicable social security legislation for individuals in different cross-border situations between EU member states. The cases involve issues such as determining the applicable legislation for self-employed individuals working in multiple countries, employees of transport companies working in several countries, and situations involving periods of work, residence, and social security contributions across borders.
2010 - Advising Individuals on Their Rights in EuropetrESS Network
The AIRE Centre promotes awareness of European law rights and assists vulnerable individuals in asserting those rights. It litigates before the European Court of Human Rights, provides legal advice to migrants on their EU rights, and conducts trainings. One project focuses on fighting social exclusion of EU migrants of minority ethnicity in the UK. The AIRE Centre has advised 198 individuals, addressing issues like benefits access, NHS care, trafficking, and deportation of prisoners. Two issues under Regulation 883/04 discussed are theoretical and practical access to NHS care and access to special non-contributory benefits.
The document summarizes CPAG's activities over the past year, focusing on issues related to interpreting and applying EU law in the UK social security system. Key issues discussed include delays and uncertainty in exporting disability benefits to other EU countries, difficulties with the UK's right to reside test, and lack of advice available on coordination rules. CPAG provides legal support for test cases aimed at clarifying rights under EU law. Looking forward, there is cautious optimism that new caselaw and regulations may help address some problems, but significant concerns remain regarding support for pregnant women under EU law.
2010 - National trESS Seminar - Case studiestrESS Network
This document discusses three case studies related to determining applicable legislation and eligibility for social security benefits across the European Union:
1. A case involving a self-employed individual residing in Sweden who works in the management of companies in the US, Sweden, and Finland.
2. A transportation company driver who lives in Denmark but transports goods between Germany, Poland, and occasionally Denmark.
3. A self-employed architect residing in Sweden who does occasional contract work for a company in Denmark.
It also discusses two cases related to determining eligibility for family benefits across member states, including differences in family allowance and parental benefit amounts in two example countries. Questions are provided for discussion on each case.
2010 - Where do we stand – what problems do we have?trESS Network
The document discusses the current state of the European coordination of social security schemes. [1] Key achievements since the 2010 entry into force of Regulation 883/2004 are noted, but many problems and open questions remain. [2] Issues include missing forms, interpretation questions, and ensuring national systems are compatible with the EESSI digital exchange system. [3] Further amendments may be needed to address issues like long-term care, simultaneous activities, and the interaction between EU regulations and directives.
2010 - Reg 883/2004 and 987/2009: modernised social security coordinationtrESS Network
Reg 883/2004 and 987/2009 modernized EU social security coordination by simplifying some rules while improving citizens' rights. Key changes included replacing regulations 1408/71 and 574/72, extending personal scope, and strengthening cooperation between institutions. While some simplification occurred, complexity remained in areas like applicable legislation and pension coordination. The new system preserved the general rules around social security coordination that had developed over 50 years of case law interpretations.
2010 - Reg 883/2004 and 987/2009: modernised social security coordination
2010 - Modernised EU Social Security Coordination and Applicable Legislation
1. Modernised EU
Social Security Coordination and
Applicable Legislation
TRESS Seminar Bucharest, 27th April 2010
Gillian More, Unit E3, DG Employment, European
Commission,
DG Employment,
Social Affairs and
Equal Opportunities
2. Overview
I Key Themes in the Modernised Rules
II Modernised Provisions on applicable legislation
III Information Sources on the modernised rules
3. Over 50 years
of Social Security Coordination
_______________________________
____________________________
_______________________
____________________
Implementing Reg
Reg 883/04
Consolid Reg
EC Reg 1408/71
Implementing Reg 574/72
Regulations 3 & 4
1959 1972 1997 2010
Source: European Commission, DG Employment, Social Affairs and Equal Opportunities 3
4. Key Themes of the Modernised
Regulations
• Updating so rules correspond with current social practices
(eg. Provision for child-raising periods)
• Simplification (eg. Personal scope – Article 2 BR)
• Improved protection of rights (eg. – improved information
and assistance to citizens– Articles 2 & 3(1) IR )
• Clarification – incorporation of ECJ case-law in a range of
areas (e.g. Article 5 BR – Assimilation of Facts)
• Strengthened and Streamlined institutional procedures
(e.g. electronic data exchange; administrative cooperation)
5. Applicable Legislation - overall
approach
• Principle of one applicable legislation strengthened
• Strengthening of “lex loci laboris” principle
• “Lex loci domicilii” for non-active persons (Article
11(3)(e))
• Direct link to personal scope of Regulation
DG Employment, Social Affairs and Equal Opportunities 5
6. Applicable Legislation: Overview
of Main Changes
1. Posting Rules
2. Deletion of specific categories of persons or
activities where special rules applied;
3. New approach to pursuit of activities in 2 or more
States
4. Dialogue and Conciliation procedure plus extension
of rules for provisional application of legislation
7. New provisions on posting
of employed persons (Article 12(1) BR)
• Maximum of two years - no extension
• Main conditions remain applicable:
– Definitions in Article 14 Implementing Regulation
– New Decision A2 on posting adopted by Administrative
Commission on 12 June 2009
– Revised posting guide (Part 1)
New Portable Document A1
DG Employment, Social Affairs and Equal Opportunities 7
8. Portable documents
A document for
individuals
Source: European Commission, DG Employment, Social Affairs and Equal
Opportunities 8
9. Deletion of special rules for
specific categories of persons
SPECIFIC PROVISIONS DELETED:
• International transport workers;
• Persons employed by diplomatic missions and consular posts
SPECIFIC PROVISIONS RETAINED:
• Mariners (Art. 11(4) BR);
• Civil servants (Art. 11(3)(b))
10. New approach to pursuit of activities for 1
employer in 2 or more MS (Art. 13(1) BR)
• Legislation of MS of residence is applicable:
- If the proportion of activity in that MS is substantial
What is “substantial”?
- look at working time and/or remuneration (Article 14(8) IR)
- Less than 25% indicates that not substantial
• Otherwise: legislation of MS in which registered office of
employer is situated
[Guidance will be inserted into Part 2 Posting Guide]
11. Transitional provisions (Article
87(8) BR)
• Legislation determined under 1408/71 continues to apply
– if as a result of application of 883 person would become
subject to different legislation
– as long as relevant situation remains unchanged
– For a maximum period of 10 years
• Person can request to become subject to the legislation
applicable under 883.
DG Employment, Social Affairs and Equal Opportunities 11
12. Dialogue and conciliation procedure (Arts.
5 and 6 IR)
DG Employment, Social Affairs and Equal Opportunities 12
13. Provisional application of legislation
and provisional granting of benefits
Art. 6(1) IR:
Divergence of views about the legislation applicable:
person provisionally subject to one legislation identified
with an order of priority
Art. 6(2) IR:
Divergence of views about which institution should provide
the benefits: institution identified with an order of priority
14. Information Sources on the new
Regulations
• Explanatory Notes on DG EMPL website
• New Small Guide – publication foreseen May 2010
• Information campaign for citizens 2nd half 2010
• Updated Website
20. EESSI
EESSI is a twofold activity
Creation of a Identification of the
European Business (flows, SEDs
infrastructure to and data, institution data)
exchange SEDs
Source: European Commission, DG Employment, Social Affairs and Equal
Opportunities 20
21. EESSI – Overall planning 2009-2012
Development and Implementation phase of EESSI
system currently in progress with Siemens IT
Solutions and Services
May 2010: Directory Services operational
December 2010: EESSI data messaging system
operational
Dec 2010-April 2012: National administrations in Member
States connecting to EESSI
23. EESSI – Overall planning 2009 - 2012
2010 2011
12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4
Directory Preparation for
Services GO LIVE
Messaging
Development by Siemens and testing
system
Flows
Preparation of SEDs for upload in EESSI
SEDS
End of Siemens
Contractual term
24. Paper SED - example
DG Employment, Social Affairs and Equal Opportunities 24
25. Planning preparation of paper SEDs (I)
First batch of paper SEDs
• Accepted by the Administrative Commission on 14 April
- family benefits (all)
- unemployment benefits (majority)
- sickness benefits (50%)
- pensions (SED on child raising periods)
• The first batch of SEDs are currently being translated and will
be ready in all languages early June
26. Planning preparation of paper SEDs (II)
Second and third batch of paper SEDs
• To be accepted by the Administrative Commission in next two
meetings
• Second batch will contain paper SEDs in the field of recovery
(50%) and pensions (7 SEDs)
• Third batch will cover all remaining SEDs
27. Further steps in the process of
identification of the business
After finalisation of the work on the paper version of
the SEDs the expert groups will focus on:
- Technical definition of the data fields in SEDs for
use in EESSI
- to be ready before upload in EESSI end of 2010
- Guidance on use of flows and SEDs
28. Transition from 1408/71 to 883/2004
- How will it work?
JULY MAY DECEMBER MAY
2009 2010 2010 2012
………………………………….
………………………………….
TRANSITIONAL PERIOD
TRAINING,
INFORMATION PERIOD
Implementing Regulations
Regulation adopted become applicable
EESSI Starts to function
29. Decision E1 on practical arrangements
for the transitional period for electronic
data exchange
• Good cooperation, pragmatism and flexibility
• E-forms, where electronically produced, may still be
used
• Institutions shall accept relevant information on any
document issued by other institutions
30. EESSI newsletter
DG Employment, Social Affairs and Equal Opportunities 30
Editor's Notes
Principle of one applicable legislation strengthened Previously exceptions under Article 14c(Annex VII) and 14f of Regulation 1408 Strengthening of “lex loci laboris” principle Economically active people subject to legislation of MS of work Activity as employed or self-employed person Art. 1(a) and (b) BR: any activity or equivalent situation treated as such for the purpose of social security legislation of the MS in which such activity or equivalent situation exists Exceptions: Civil servants: legislation of MS to which administration which employs him is subject Non-active people (e.g. retired): subject to legislation of MS of residence Unemployed persons frontier worker (who receives unemployment benefit in that state): subject to legislation of MS of residence
Exception to lex loci laboris prinicple – needs to be strictly intrepreted New document certifying the posting – PD A1.
Portable Documents: [note: you can mention more in detail PDs relevant to the topic of the seminar] PD = A document that a social security office issues to a citizen; some PDs inform the holder, other grant them rights or allow them to start necessary procedures The document may be for the eyes of the holder only or may need to be shown or handed to an official They contain private information about social security rights At the meeting of 17-18th March, the Administrative Commission adopted the portable documents A1, S1, S2, S3, DA 1, U2 and U3. The Commission is currently in the process of preparing definitive formats for the Portable documents, which will then be translated and sent to the Member States for linguistic review. Although no new E-forms should be issued from May 2010, some offices may continue to do so exceptionally for practical reasons until April 2012 at the latests; the EHIC will continue to be issued in the pre-2010 format even after 2010; some E-forms may continue to be valid until they expire or are replaced (their validity may go well beyond 2012)
A new safety net , where there is a disagreement between institutions or authorities of two or more MS about: Validity of a document or the accuracy of facts on which the document is based (article 5 IR) The determination of applicable legislation (Article 6(1) IR) Or about which institution should provide benefits in cash or in kind Details of the procedure are set in Decision A1 of the Administrative Commission The procedure provides two distinct stages: Compulsory dialogue Optional conciliation – if the dialogue is unsuccessful, the matter may be referred by the competent MS to the AC (optional); an institution cannot on its own decide to refer a disagreement to the AC Conciliation Board will be set up by AC.
The dialogue and conciliation procedure could be time-consuming. What happens meanwhile for the citizen in order protect rights? The new regulations also introduce the possibility for a citizen to have a temporary registration and access to benefits when member states’ views diverge over which legislation should be applied. This guarantees that no one will be left without social security coverage while waiting for a member state’s decision Citizen is made provisionally subject to legislation of one of the MS involved. Order of priiorty: MS of actual work MS if residence, if activity is partly pursued there MS whose legislation was first applied for. If there is a difference of views as to which of the MS is responsible for paying benefits to the person concerned, a person will be entitled, on a provisional basis To benefits provided for by the legislation of the place where that person resides or If this person does not reside in the territory of one of the MS concerned To the benefits provided for by the legislation applied by the institution where the request was first submitted.
One of the main innovations introduced by the new Regulations is the obligation for Member States to exchange social security information only by electronic means (article 4 IR) . In order to reach the objective set by the Regulations, an integrated system providing a common secure framework is to be set up. This new system is called the EESSI system (Electronic Exchange of Social Security Information). Currently 31 countries participate in the information exchange (EU27 + Iceland, Norway, Liechtenstein and Switzerland). EESSI is a messaging system that will allow national social security institutions to exchange social security information electrocally in a secure manner . It replaces the current paper E-forms. Legal framework: Article 78 of Regulation 883/2004 Article 4(2) of Implementing Regulation (IR): “ The transmission of data between the institutions or the liaison bodies shall be carried out by electronic means either directly or indirectly through the access points under a common secure framework that can guarantee the confidentiality and protection of exchanges of data.”
The EESSI system consists of : a central application (Coordination Node) to be hosted in the Commission's Data Centre an application to be deployed in the national administrations Gives effect to the principle of enhanced cooperation between the Member States This will lead to an substantial improvement of the services to the citizens, who will receive payments of social security benefits more timely and accurate. Institutions will be connected to EESSI via Access Point which will ensure transfer of the messages from the national application of the sending institution to the central application and delivery to the national application of the addressee institution. Together these applications should enable Member States' social security administrations to manage the exchange of social security information by electronic means across country boundaries. EESSI should play a major role in facilitating cooperation between institutions and to contribute to a better enforcement of the rights of the citizens and granting of benefits in a speedier way. 1st May 2010 is also the start of a two year transition period during which Member States with the support of DG EMPL will have to prepare their national applications for the this changeover to the new electronic data exchange of social security information.
EESSI Newsletter Until now the newsletter has been used as the main channel of information supplied by DG EMPL. As the Member States are a key player in this project, the newsletter will in the future provide a user space for the Member States. You can find more information on the idea for such a forum at the end of this newsletter.