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Four Basic Principles of Social Security Co-ordination

Four Basic Principles of Social Security Co-ordination. Sixto Molina Sarajevo - March 2010. Principles of Social Security Coordination and Harmonisation. COORDINATION IN EU MEMBER STATES. COORDINATION IN COE MEMBER STATES. 47 Member States (Convention and interims agreements)

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Four Basic Principles of Social Security Co-ordination

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  1. Four Basic Principles of Social Security Co-ordination Sixto Molina Sarajevo - March 2010

  2. Principles of Social Security Coordination and Harmonisation COORDINATION IN EU MEMBER STATES COORDINATION IN COE MEMBER STATES 47 Member States (Convention and interims agreements) Ratification/entry into force of Convention (8) and interim agreements (21) • 27 Member States (EC legislation – 1408/71,883/2004, 3646/09, 11162/09, 3467/09, 11600/09) entry into force May 2010 • Migrants staying in two countries or more • Bilateral agreements (non EC countries) Principles of Social Security Co-ordination by S. MOLINA

  3. Co-ordination Techniques which are aimed at guaranteeing the social security entitlements of migrating persons and their dependants. Aiming at making national systems fit together in transnational situations. Principles of Social Security Co-ordination and Harmonisation Principles of Social Security Co-ordination by S. MOLINA

  4. Harmonisation Whole range of techniques which, in various degrees, effectively change national legislation in order to bring theses close(r) to each other. Principles of Social Security Co-ordination and Harmonisation Principles of Social Security Co-ordination by S. MOLINA

  5. Co-ordination techniques developed for the traditional social security risks Techniques for foreigners residing in the country or only for those staying temporary in the territory Co-ordination principles in relation to social assistance Techniques for foreigners residing in the country or only for those staying temporary in the territory Guarantees for persons who stay in an illegal manner or work in an illegal way Co-ordination techniquessocial security risks – social assistance Principles of Social Security Co-ordination by S. MOLINA

  6. Bilateral and Multilateral Agreements Multilateral Conventions Supra-national law Categories of Social Security co-ordination instruments Principles of Social Security Co-ordination by S. MOLINA

  7. Migrant workers residing in the country of work Cross-border movement Foreign citizenship or citizenship of state not existing anymore Refugees and displaced persons staying temporary in the host country Refugees intending to move up to other countries Foreign persons staying temporary on the territory for private reasons Illegal migrants Categories of persons with corresponding social security problems Principles of Social Security Co-ordination by S. MOLINA

  8. Determination of Applicable Legislation Aggregation of Insurance Periods Equality of Treatment Export of Benefits (Cooperation between national administrations) (Assimilation of facts) Co-ordination principles for the traditional social security risks (excluding social assistance) Principles of Social Security Co-ordination by S. MOLINA

  9. Aims to solve the problem of discrimination Overt discrimination Based on citizenship/nationality Hidden/indirect discrimination Other distinguishing criteria achieving the same result Co-ordination principles for the traditional social security risks (excluding social assistance) Equality of Treatment Principles of Social Security Co-ordination by S. MOLINA

  10. Avoiding positive and negative conflicts of law “Lex loci laboris” principle Exceptions “Posting” Special rules for certain categories Cooperation between the administrations Co-ordination principles for the traditional social security risks (excluding social assistance) Designation of applicable legislation Principles of Social Security Co-ordination by S. MOLINA

  11. National legislation qualifying periods Aggregation of periods of insurance of employment or of residence Long-term benefits principle of pro-rata calculation Co-ordination principles for the traditional social security risks (excluding social assistance) Aggregation of Insurance Periods (protection of the rights in course of acquisition) Principles of Social Security Co-ordination by S. MOLINA

  12. National legislation Restrictions Export of benefits In cash In kind Co-ordination principles for the traditional social security risks (excluding social assistance) Export of Benefits (protection of the acquired social security rights) Principles of Social Security Co-ordination by S. MOLINA

  13. Delineation of social assistance Equal treatment in case of residence Temporary stay Minimum protection to be guaranteed for illegal migrants Co-ordination principles with regard to social assistance: guarantees in the field of social assistance for foreign persons Principles of Social Security Co-ordination by S. MOLINA

  14. Four Basic Principles of Social Security Co-ordination Sixto MOLINA

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