Member States’ approaches to bilateral social security agreements

2018 ◽  
Vol 20 (2) ◽  
pp. 129-147 ◽  
Author(s):  
Grega Strban
Keyword(s):  
Social Security ◽  
Coordination Mechanism ◽  
Social Security Systems ◽  
Security Systems ◽  
Member States ◽  
Migration Patterns ◽  
Eu Member States ◽  
Coordination System ◽  
Scope Of Application ◽  
Security Agreements

Bilateral social security agreements are the oldest instruments which provide social security entitlements to persons moving between the countries. EU Member States’ approaches to distinctive bilateral agreements with Non-EU States are analysed herein. Bilateral social security agreements are not only the oldest coordination instruments, but remain the most important ones linking social security systems of MS and Non-EU States. They are tailored to the social security systems of the two contracting states. Nevertheless, bilateral social security agreements might be neither comprehensive in their scope of application nor complete in covering all coordination principles. Moreover, they do not create a uniform coordination system. Under the modified migration patterns - i.e. movements for shorter period of time and between many countries - a more comprehensive social security coordination mechanism might be required.

scholarly journals Sincere Cooperation, Mutual Trust, and Mutual Recognition in Social Security Coordination

2020 ◽  
Vol 13 (3) ◽  
pp. 89-108
Author(s):  
Henrik Wenander
Keyword(s):  
Social Security ◽  
Mutual Recognition ◽  
Case Law ◽  
Free Movement ◽  
Mutual Trust ◽  
Social Security Systems ◽  
Security Systems ◽  
Member States ◽  
Legislative Choice

This article looks into the meaning of the concepts of sincere cooperation, mutual trust, and mutual recognition in EU social security coordination. It analyses the legislative choice of coordination as the main regulatory mechanism in the field, and examines the role of administrative cooperation. Furthermore, the article highlights the challenges that arise in situations where mutual recognition is required under the Regulations, as in connection with portable documents relating to the posting of workers. It also considers the limits to mutual trust via the principle of prohibition of fraud and abuse of rights established in the case law of the CJEU on free movement. In the last few years, this principle has been extended into the field of social security law, notably in Altun. In this way, the coordination regime does not require totally blind trust: rather, it balances the Member States' interests of maintaining the integrity of their social security systems with the Union interest of simplifying free movement. As in other fields of EU law relating to free movement, the mutual trust between the Member States in social security coordination may therefore be set aside in extraordinary cases.

scholarly journals Public Services and European Law: Looking for Boundaries

2003 ◽  
Vol 5 ◽  
pp. 271-291
Author(s):  
Eleanor Spaventa
Keyword(s):  
Social Security ◽  
The State ◽  
Hospital Treatment ◽  
Social Security Systems ◽  
Security Systems ◽  
Member States ◽  
Prior Authorisation ◽  
Community Law ◽  
Receive Treatment ◽  
The Individual

All member states must, as a matter of Community law, provide for a qualified right to go to another Member State to receive treatment at the expense of the competent social security system. According to Article 22 of Regulation 1408/71 such a right is conditional upon prior authorisation by the competent institution. Authorisation cannot be refused when the treatment is amongst the benefits provided for by the State where the individual resides and the treatment cannot be provided within the time ‘normally necessary’ for obtaining the treatment in the State of residence. The Court however has found that Article 49 EC imposes upon Member States obligations that go beyond those contained in the Regulation: thus a prior authorisation requirement constitutes a justified barrier (subject to important qualifications) in the case of hospital treatment and a non-justified barrier in the case of nonhospital treatment. The effects of this interpretation are far-reaching: not only do Member States see their obligations under Community law redefined in a way which might have a significant financial impact on their social security systems; but also the reasoning of the Court could be applied to other branches of the public sector, such as education.

scholarly journals National approaches of EU Member States in concluding bilateral social security agreements with third countries

2018 ◽  
Vol 20 (2) ◽  
pp. 148-161
Author(s):  
Bernard Spiegel
Keyword(s):  
Social Security ◽  
European Commission ◽  
Member States ◽  
Bilateral Agreements ◽  
Common Features ◽  
Eu Member States ◽  
Exchange Of Information ◽  
The Future ◽  
The Eu ◽  
Security Agreements

For EU Member States like Austria, the EU Regulations on the coordination of social security schemes are the focus of academic and political attention. They deal with many cases and are usually very complex. They are supervised by the European Commission and the CJEU. Compared to these EU rules, bilateral agreements with third countries are treated as step-children. They do not get the academic and political attention they deserve, taking into account their importance in practice. They have common features compared to the EU rules, but there are also remarkable differences in the texts and their interpretation. The differences sometimes lead to practical problems of application and interpretation in the EU Member States. Based on Austrian experiences, all these aspects are elaborated in this article. Enhanced cooperation and exchange of information between the EU Member States in the future could help to improve the negotiating position of these countries and also guarantee greater esteem for the bilateral agreements.

scholarly journals Conditions for the Acquisition of the Right to Compensation under the Bulgarian Legislation and Compliance with the Terms of Regulation (EC) № 883/2004

2016 ◽  
Vol 22 (2) ◽  
pp. 349-352
Author(s):  
Nikoleta Lazarova
Keyword(s):  
Social Security ◽  
Legal Framework ◽  
Theory And Practice ◽  
Social Security Systems ◽  
Security Systems ◽  
Eu Member States ◽  
The Social ◽  
The Republic ◽  
Object Of Study ◽  
The Right

Abstract This article is dedicated to the legal framework of the conditions for the acquisition of the right to compensation due to unemployment under the Social Security Code of the Republic of Bulgaria. Unemployment is one of the main problems of labour, making it the current object of study not only in the legal, but also in the economic theory and practice. In relation to the intended subject, Regulation (EC) № 883/2004 has also been scrutinized, as it presents rules for coordination of the national social security systems of the EU Member States.

scholarly journals Public Services and European Law: Looking for Boundaries

2003 ◽  
Vol 5 ◽  
pp. 271-291 ◽  
Author(s):  
Eleanor Spaventa
Keyword(s):  
Social Security ◽  
The State ◽  
Hospital Treatment ◽  
Social Security Systems ◽  
Security Systems ◽  
Member States ◽  
Prior Authorisation ◽  
Community Law ◽  
Receive Treatment ◽  
The Individual

All member states must, as a matter of Community law, provide for a qualified right to go to another Member State to receive treatment at the expense of the competent social security system. According to Article 22 of Regulation 1408/71 such a right is conditional upon prior authorisation by the competent institution. Authorisation cannot be refused when the treatment is amongst the benefits provided for by the State where the individual resides and the treatment cannot be provided within the time ‘normally necessary’ for obtaining the treatment in the State of residence. The Court however has found that Article 49 EC imposes upon Member States obligations that go beyond those contained in the Regulation: thus a prior authorisation requirement constitutes a justified barrier (subject to important qualifications) in the case of hospital treatment and a non-justified barrier in the case of nonhospital treatment. The effects of this interpretation are far-reaching: not only do Member States see their obligations under Community law redefined in a way which might have a significant financial impact on their social security systems; but also the reasoning of the Court could be applied to other branches of the public sector, such as education.

scholarly journals National approaches of EU Member States in concluding bilateral social security agreements with third countries

2018 ◽  
Vol 20 (2) ◽  
pp. 162-172
Author(s):  
Frans Pennings
Keyword(s):  
The Netherlands ◽  
Social Security ◽  
Member States ◽  
Bilateral Agreements ◽  
Eu Member States ◽  
History Of ◽  
Over Time ◽  
Security Agreements

This article describes the history of policies for making bilateral agreements by the Netherlands, a country with considerable migration to and from over time and one of the founding states of the EEC. For this reason, the characteristics of the agreements made and the main developments over time can provide a mirror for discussion of the bilateral agreements of other Member States. The development of the reasons of making bilateral agreements are described and this makes it possible to distinguish several generations of agreements. It is contended that this is useful in describing the agreements made by other countries.

scholarly journals The Social Security of Farmers in Poland and in Selected EU Member States

2020 ◽  
Vol 15 (3) ◽  
pp. 239-249
Author(s):  
Joanna Bak ◽  
Małgorzata Szałkowska
Keyword(s):  
Social Security ◽  
Rural Areas ◽  
Significant Risk ◽  
Insurance Fund ◽  
The European Union ◽  
Review Of The Literature ◽  
Social Security Systems ◽  
Security Systems ◽  
Member States ◽  
The Social

The subject of the present article is the social security of farmers. The main aim of this research paper is characterizing the functioning of the social security system for Polish farmers in comparison to such systems in selected member states of the European Union. The research investigated social security systems in Finland, France, Austria, Germany and Poland. The research involved a review of the literature on social security systems for farmers, provisions of law regulating the principles of such systems and the information furnished by the Agricultural Social Insurance Fund (KRUS), as well as statistical data provided by KRUS and Eurostat. The following research methods have been applied: descriptive analysis of the documents in order to verify the diversity of agricultural security systems, a critical review of the literature and online data concerning social security, and a comparative analysis. Each of the investigated countries has its own, distinct social and historical conditions, which has led to the development of independent institutions of social security for farmers. One factor which all these systems have in common is significant support from the national budget. In the future, financial inefficiency may pose the most significant risk to security systems in agriculture. Except for their social role, the social security systems presented below also participate in the management of agricultural policy, the aim of which is the development of rural areas and the welfare of the natural environment.

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