/
Recent Recent

Recent - PowerPoint Presentation

kittie-lecroy
kittie-lecroy . @kittie-lecroy
Follow
426 views
Uploaded On 2016-08-01

Recent - PPT Presentation

developments at EU level concerning social security coordination trESS seminar Sevilla 27 September 2012 Rob Cornelissen Monica Alfaro Murcia Contents I Reg ID: 429061

2012 coordination security social coordination 2012 social security reg art commission employed tfeu council 2004 883 2011 agreements legal

Share:

Link:

Embed:

Download Presentation from below link

Download Presentation The PPT/PDF document "Recent" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.


Presentation Transcript

Slide1

Recent developments at EU level concerning social security coordination

trESS

seminar

Sevilla

27

September

2012

Rob

Cornelissen

Monica Alfaro MurciaSlide2

Contents:I. Reg (EU) 465/2012 modifying Reg 883/2004 and 987/2009II. Update EEA and

Switzerland

III. Communication on external dimension of EU social security

coordination

IV. Work of the Administrative

Commission

V. EESSI: Where are we now?

VI. Information SourcesSlide3

I. Reg (EU) 465/2012 modifying Reg 883/2004 and 987/2009Based on 2010 Commission proposalFirst importance of proposal:

legal

basis

for

changing

the

rules

First

time

that

coordination

rules

changed

after

entry

into

force of

Lisbon

Treaty

on 1

December

2009Slide4

Situation before Lisbon TreatyTwo legal bases:Art 42 EC for

employed

persons

and

their

dependents

(

family

members

and

survivors

):

co-decision

Council and

Parliament

.

Unanimity

in Council

required

Art

308 EC for

all

other

persons

covered

by Reg (

self-

employed

,

students

, non-active people). Council

legislator

.

Unanimity

in Council

required

Slide5

Situation under Lisbon TreatyTwo relevant provisions:Art 48 TFEU: competence

for

employed

and self-

employed

persons

and

their

dependents

.

Ordinary

legislative

procedure

:

co-decision

Council and

Parliament

and

qualified

majority

in Council (

with

a

brake

system)

Art 21 (3) TFEU:

competence

for all EU

citizens

not

covered

by Art 48 TFEU. Council

is

legislator

.

Unanimity

in Council

requiredSlide6

2010 Commission proposal based on Art 48 TFEU onlyCourt: dual legal basis is

excluded

if one

Treaty

provision

requires

ordinary

legislative

procedure

,

whereas

the

other

requires

Council to

act

unanimously

.

In

that

case:

determine

appropriate

legal

basis in light of

general

scope of

Treaty

Commission

: Art 48 TFEU

is

adequate

and

sufficient

legal

basisSlide7

Why is Art 48 TFEU adequate and sufficient legal basis?Overwhelming

majority

of EU

citizens

covered

by Art 48 TFEU:

Wide

meaning

of "

employed

" and "self-

employed

"

Art 48 TFEU

covers

also

retired

"

employed

" and "self-

employed

"

Art 48 TFEU

covers

also

family

members

and

survivors

of "

employed

" and "self-

employed

"

Khalil

judgment

(2001): inclusion of

refugees

and

stateless

persons

(

a"very

restricted

category

of

persons

") in scope of Reg

based

on Art 51 EC (=Art 48 TFEU)

validSlide8

Council and Parliament agree with Commission2010 Commission proposal based on Art 48 TFEU adopted on 22 May 2012: Reg (EU)

465/2012

Art

48 TFEU

is

adequate

and

sufficient

legal

basis for future social

security

coordination

legislationSlide9

Changes in content in Reg 883/2004 and 987/2009Applicable legislation: change of rules for working in two or more MSIntroduction

of concept of "home base" for

aircrew

members

Solution

for

formerly

self-

employed

frontier

workers

who

were

covered

in MS of last

activity

but

whose

MS of

residence

does

not have an

unemployment

scheme

for self-

employed

(Art 65a)Slide10

II. Update EEA and SwitzerlandEU/Swiss Joint Committee Decision 1/2012O.J. L 103 of 13 April 2012Reg 883/2004 and 987/2009

apply

in relation to

Switzerland

since

1 April 2012

EEA Joint

Committee

Decision

76/2011

Adopted

on 1 July 2011 (OJ L 262 of 6

October

2011)

Last notification of lifting

constitutional

requirements

on 31 May,

which

means

that

Reg 883/2004 and 987/2009

apply

in relation to IS, LI and NO

since

1

June

2012Slide11

III. Communication on external dimension of EU social security coordinationContext: globalised world

Social

security

coordination:

rules

aimed

at

facilitating

mobility

Globalised

economic

environment

. Labour

mobility

between

EU and

rest

of world

growing

realitySlide12

External dimension EU social security coordinationSocial security coordination between EU and rest of world:

two

possible

ways

:

National

approach

:

bilateral

agreements

Common EU

approachSlide13

Main message CommunicationStrengthen cooperation between MS to achieve more coherent

approach

to social

security

coordination

with

third

countries

Bilateral

agreements

:

patchy

approach

, content

differs

When

acting

together

:

stronger

bargaining

position

Proposes a new

annual

forum

at

EU

level

to

strengthen

cooperation

between

MS as regards

third

countriesSlide14

Already existing impact of EU law on bilateral agreementsGottardo judgment

(2002): MS must

grant

nationals

of

other

MS

same

advantages

as

those

which

its

own

nationals

enjoy

under

bilateral

agreements

concluded

with

third

countries

explanations

to

third

countries

requests

for

cooperation

from

third

countriesSlide15

Already existing impact of EU law on bilateral agreementsReg 1231/2010: extension scope of Reg 883/2004 to third country

nationals

(

TCN's

)

Very

existence of Reg 1231/2010

gives

EU

exclusive

competence

as regards social

security

coordination for

TCN's

in cross-border situation

within

EUSlide16

Relationship EU social security coordination and bilateral agreementsIn cases of conflict: EU Regulations

take

precedence

over national

rules

contained

in

bilateral

agreements

with

third

countries

TCN

is

sent to a MS

under

terms

of

bilateral

agreement

with

third

country and

then

moves to

work

in

another

MS: Reg 883/2004

applies

TCN

works

in

two

MS for employer

established

in

third

country: Reg 883/2004

applies

Slide17

Existing EU instruments dealing with social security rights of TCN's

Reg 1231/2010

TCN

falling

under

scope of Reg 883/2004 moves to

third

country.

Equal

treatment

as regards indexation

MS's

pension in

third

country

Long-

term

residents

Directive, Blue

card

and Single permit Directives,

Researchers

Directive:

equal

treatment

in social

securitySlide18

Existing EU instruments dealing with social security rights of TCN'sAssociation

agreements

:

October

2010:adoption of

common

position to

be

taken

in Association

Councils

with

Algeria

,

Morocco

,

Tunesia

,

Israel

, FYROM and

Croatia

Equal

treatment

Export of full

amount

of pensions

Framework of

cooperation

and

verification

mechanisms

to combat

fraudSlide19

Communication: develop EU approach furtherSet of proposals for Council Decisions on the EU position

in Association

Councils

with

Turkey

,

Albania

, San Marino and

Montenegro

Explores

possibility

for an EU social

security

agreement

with

certain

third

countriesSlide20

New Decisions and RecommendationsE3: extension 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)

IV. Work of the Administrative CommissionSlide21

Working Parties of the ACChild-raising periods (14 April 2011)- followed up by Ad-hoc Group of the ACPatients' mobility

(4 October 2011)

- followed up by guidance from the Commission

Recovery

(17 November 2011)

-

followed

up by explanatory note from the Commission

Family

benefits

(ex-Decisions

Nos

147 and 150) (18 April 2012)Slide22

Directive 2011/24/EU - patients' rights in cross-border healthcareHow does the patients' mobility Directive interact with the social security coordination rules in Regulations (EC) Nos 883/2004 and 987/2009?Guidance note of the Commission on the interpretation of the relation of the two instruments presented to Committee on cross-border healthcare in May and Administrative Commission in June 2012Slide23

Revision of coordination RegulationsScope: coordination of long-term care benefits (LTC)

coordination

of

unemployment

benefits

Planning:

2009-2011

Evaluation

2012-2013

Impact

assessment

2014

Proposal

from

the Commission Slide24

Revision of coordination RegulationsAim:Improve social security protection of the migrant personsEnhance effectiveness of the coordination regime

Legal certainty for all stakeholders

SimplificationSlide25

V. EESSI: Where are we now? Transitional period for the implementation of EESSI in Member States is 24 monthsDecision

No E3 adopted in Autumn 2011:

Transitional

period

extended with 24 months until 30 April 2014

(

applicable since 1 February 2012, see OJ C 12, 14.1.2012, p. 6–7)Slide26

EESSI Project Planning

IT

baseline robust

version for the EU

part of the

Software

Integration of

user feedback

Adaptation of

Requirements

Elaboration

of a

common set of

structured

documents and

flows

Integration of

the user

Feedback

National

preparations

Development

of national

IT interfaces

Training and

preparation

of institutions

March 2012

March 2013

May 2014Slide27

VI. Information SourcesCommission's websitehttp://ec.europa.eu/social-security-coordinationLinks to legislation, official documentsPractical 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

Communication

networkSlide28

New Smartphone Application - EHIC (Windows phone) Slide29

New Smartphone Application - EHIC(Android and iPhone)Slide30

Thank you very much for your attention!