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The EU coordination of social security Recent developments

The EU coordination of social security Recent developments. Jackie MORIN European Commission DG Employment, Social Affairs and Inclusion. Electronic Information Exchange (EESSI) First Revision of Regulations 883/2004 & 987/2009 Staff Working Paper on Highly Mobile Workers

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The EU coordination of social security Recent developments

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  1. The EU coordination of social securityRecent developments Jackie MORIN European Commission DG Employment, Social Affairs and Inclusion

  2. Electronic Information Exchange (EESSI) First Revision of Regulations 883/2004 & 987/2009 Staff Working Paper on Highly Mobile Workers Patients Mobility Residence issues External Dimension Recent Developments - Overview

  3. Geographical scope EP and council shall adopt measures in the field of social security which are necessary to provide freedom of movement for workers Coordination of social Security schemes 31 (32) countries

  4. Social security coordination' scope and principles Social security - Benefits are covered If legal entitlement If related to one of the risks enumerated in the material scope Special non-contributory benefits in cash (mixed benefits) Social Assistance excluded Only one legislation applicable Equality of treatment Export of cash benefits Aggregation of insurace periods

  5. Social security coordination' scope 2010 1959

  6. EESSI New Roadmap October 2013 June 2013

  7. Modernised coordination : dynamic rule

  8. Staff Paper on Highly Mobile Workers • Commission Task Force to identify problems and challenges for highly mobile workers, including social security coverage and tax matters • Gathering of existing evidence and collective reflection on challenges • Commission Staff Working Document: planned for July 2013

  9. Patient Mobility • Patient Mobility Directive - transposition deadline: 30 October 2013 • Need for dealing with the co-existence of two instruments • Guidance note of the Commission in 2012 (legal aspects) • Workshops and discussions in the AC and SANCO Committee • Communications activities at national and EU level • Practical Guide to be considered after transposition

  10. Residence Issues • Politically sensitive issue (CJ) • Ad Hoc Group on Habitual Residence Elaboration of Practical Guide • Study on the impact of mobility of non-active persons on residence based social security benefits

  11. Jobseeker– residence & coordination issues Right to reside : No formalities up to 6 months. Social benefits : equal treatment limited to benefits intended to facilitate access to employment. (C-22/08 & C-23/08 – close link) 3 months 6 months 0 … … Social security: Equal treatment after passing successfully the habitual residence test

  12. Myths and reality – Residence discussion Many non-active EU migrants come to my country because of higher social securitybenefits Non-active EU migrants are immediately entitled to social security benefits in my country EU law is too soft – allows abuse of rights No evidence of a "welfare magnet hypothesis" Only if Habitual Residence Test is passed Use of Fundamental Right of Free movement is never an abuse Migrants are contributing to the economicsuccess Migration is an integral part of European past, present and future

  13. External dimension - State of play Social security coverage

  14. External Dimension of EU Social Security Coordination • Adoption of 2nd package of EU negotiation positions (Albania, San Marino, Montenegro and Turkey). On-going negotiations with 10 countries • Open question of Legal Basis (Articles 48, 72 (b) or 217 TFEU) • Negotiations of new Association Agreements with Caucasus Countries (same or different approach?) • Follow up to 2012 Communication (Forum, etc.)

  15. Perspectives • A welcoming culture for EU migrants is needed • Intensified cooperation required trust and a strong administrative capacity • More divergence means more complexity in the coordination system

  16. Visit us @ http://ec.europa.eu/social-security-coordination http://www.facebook.com/#!/socialeurope Thank you for you attention!

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