1 / 30

Recent developments at EU level concerning social security coordination

This seminar, held on April 19, 2012, presented an overview of recent legislative developments concerning social security coordination within the EU, including amendments to regulations and the impact on EEA and Switzerland. Key topics included new recommendations, decisions from the Administrative Commission, and the outcome of working parties addressing unemployment and long-term care. Discussions emphasized the importance of cooperation between Member States and third countries to create a coherent social security framework, aiming to strengthen cross-border social security systems.

wood
Download Presentation

Recent developments at EU level concerning social security coordination

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Recent developments at EU level concerning social security coordination trESS bilateral seminar Lithuania-Latvia 19 April 2012 Miroslava Hájková & Felix Schatz DG Employment, Social Affairs and Inclusion

  2. Overview • Legislative developments • Miscellaneous amendments 2010 • EEA and Switzerland • External dimension • Work of the Administrative Commission • New decisions and recommendations and other forms of guidance • Outcome of Working Parties • Case-law on social security coordination • Outlook • Review of provisions on unemployment and long-term care • Information sources and funding

  3. Legislative Developments

  4. Miscellaneous Amendments 2010 Commission Regulation1244/2010 (of 9.12.2010) • Published on 22 December 2010: update of Annexes EP-Council Regulation • Discussions started in January 2011 (HU Presidency) • EPSCO Council December 2011: general approach (PL Presidency) • EP Plenary – 18 April 2012

  5. Miscellaneous Amendments 2010 Main changes • Applicable legislation: change of rules for workingin 2 or more MS - Article 13 BR and 14(5) and (5b) IR • Introduction of the concept of “ home base” for air crew members - Article 11(5) BR and 14(5a) IR • Solution for formerly self-employed frontier workers who were covered in the Member State of last activity, but whose MS of residence does not have an unemployment benefits scheme - Article 65a BR

  6. EEA and Switzerland • EEA Joint Committee Decision No 76/2011 • adopted on 1 July 2011 (OJ L 262, 6.10.2011, p. 33) • not yet entered into force (pending approval by IS parliament) – possibly on 1 May 2012 • Regulations (EEC) Nos 1408/71 and 574/72 still apply in relation to IS, LI and NO • EC-CH Joint Committee Decision No 1/2012 • OJ L 103, 13.4.2012, p. 51 • Regulations (EC) Nos 883/2004 and 987/2009 apply in relation to Switzerland since 1 April 2012

  7. EXTERNALDimension

  8. Communication on the External Dimension of EU Social Security Coordination • makes the case for strengthening cooperation between Member States to achieve a more coherent approach to social security coordination with third countries • sets out ways in which the EU rules currently impact on social security coordination with third countries • describes existing components of common EU approach to social security coordination with third countries

  9. The Communication proposes: • the creation of a new annual forum at EU level to strengthen cooperation between Member States as regards third countries • exploring the use of EU social security agreements with selected third countries • developing the common EU approach, including the adoption of a second package of Association Council decisions with Turkey, Albania, Montenegro and San Marino

  10. Work of the Administrative Commission

  11. New Decisions and Recommendations • 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)

  12. New Decisions and Recommendations • E3: prolongation of transitional period for EESSI (OJ C 12, 14.1.2012, p. 6) • U4: reimbursement of unemployment benefits for former frontier workers (OJ C 57, 25.2.2012, p. 4) • Recommendation No S1: healthcare coverage for cross-border living organ donation (pending publication)

  13. Practical Guide on applicable legislation • Replaces the "Posting Guide" • 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 • Available on the Commission's website: http://ec.europa.eu/social-security-coordination

  14. Working Parties of the AC • Child-raising periods • 14 April 2011 • Follow-up by Ad-hoc Group of the AC • Patients' mobility • 4 October 2011 • Follow-up by guidance from the Commissions

  15. Working Parties of the AC • Recovery • 17 November 2011 • Follow-up by an explanatory note by the Commission (to be finalised) • Family benefits (ex-Decisions Nos 147 and 150) • 18 April 2012

  16. Directive 2011/24/EU - patients' rights in cross-border healthcare • How does the patients' mobility directive interact with the social security coordination rules in Regulations (EC) Nos 883/2004 and 987/2009? • Joint note on the interpretation of the two instruments in the light of the other to be presented to Administrative Commission in June

  17. Case-Law

  18. Case-law • Case C-440/09 Tomaszewska • Aggregation of periods • Link with Decision No H6 • Case C-388/09 da Silva Martins • Long-term care – need for reform of rules? • Case C-503/09 Stewart • Residence conditions • Influence of Union citizenship on the entitlement to social security benefits • Case C-257/10 Bergström • "0+1" aggregation of periods • Assimilation of facts (here: income)

  19. Decision No H6 of the AC • 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”

  20. Case-law • Case C-440/09 Tomaszewska • Aggregation of periods • Link with Decision No H6 • Case C-388/09 da Silva Martins • Long-term care – need for reform of rules? • Case C-503/09 Stewart • Residence conditions • Influence of Union citizenship on the entitlement to social security benefits • Case C-257/10 Bergström • "0+1" aggregation of periods • Assimilation of facts (here: income)

  21. OUtlook

  22. Revision of coordination Regulations • Scope: • coordination of long-term care benefits (LTC) • coordination of unemploymentbenefits • Planning • 2009-2011 Evaluation • 2012-2013 Impact assessment • 2014 Proposalfrom the Commission

  23. Revision of coordination Regulations Aim: • Improved social security protection of the migrant persons • Enhanced effectiveness of the coordination regime • Legal certainty for all stakeholders • Simplification

  24. Coordination of LTC benefits Is the current system of coordination of long-term care benefits satisfactory? Is a new set of rules needed & how radical the changes should be? • LTC withinmaterial scope of coordination Regulations • Coordination underSicknessChapter • Jurisprudence of Court of Justice (recent: C-208/07, Chamier-Glisczinski, C-388/09 da Silva, C-206/10, Commission v. Germany, C-538/11 Sax - pending) • No definition, no list of benefits Seealso: trESS Tank Report 2011; trESSanalysis of selected concepts 2010

  25. Unemployment Chapter A room for simplification and clarification? • complex coordination regime for cross-border workers (Article 65 and new Article 65a), including the new reimbursement mechanism (Decision U4) • application of the case-law of the Court of Justice (C-131/95, Huijbrechts, C-1/85, Miethe) • extension of the period of export of unemployment benefits • application of the principle of aggregation of periods

  26. Information SourcesFunding

  27. 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 citizens' rights • Information sheets "Your rights country by country" • Explanatory notes and videos • trESS network • http://www.tress-network.org • trESS seminars

  28. Information sources • New Smartphone Application – EHIC

  29. Funding by the Commission:Call for proposals 2012 • Financial support to: • - trans-national actions for cooperation and/or for improving information; • - transnational or national actions for preparing and implementing the system for electronic data exchange (EESSI). • Deadline for applications: 31 May 2012 • Details: http://ec.europa.eu/social/main.jsp?catId=630&langId=en&callId=347&furtherCalls=yes • Questions:by email: empl-b4-calls-proposals@ec.europa.eu

  30. Thank you very much for your attention! Questions

More Related