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The organization of social
security coordination
Steven Segaert
Co-ordination of social security
09 February 20112 Coordination - Belgrade
EU rules
EC Treaty: Free movement
Regulations 883/2004 and
987/2009 (May 2010)
Admin. Commission for the
soc. sec. of migrant
workers (CASSTM)
General principles
(the goal)
Application
in practice
Interpretation of the
Regulation
ECJ
Not
bin-
ding
09 February 20113 Coordination - Belgrade
Co-ordination principles
Principle 1: avoiding conflicts of law
make uniform criteria to decide which legislation will
be applicable in which situation (= the „choice of law‟
rules)
add “exclusive effect” only one legislation
add “mandatory effect”national condition: having been insured here, live here
09 February 20114 Coordination - Belgrade
Co-ordination principles
Principle 2: equality of treatment
no direct or indirect discrimination on the bases
of nationality is allowed concerning
conditions for affiliation to a social security scheme
conditions for entitlement to a benefit
conditions for the payment of a benefit
…
09 February 20115 Coordination - Belgrade
Co-ordination principles
Principle 3: aggregation of periods of insurance
= technique to avoid adverse effects of territorial
criteria when establishing rights
periods of insurance completed in another Member
State will be taken into account as if they were
completed in the competent Member State
09 February 20116 Coordination - Belgrade
Co-ordination principles
Principle 3: aggregation of periods of insurance
e.g. one has to be insured in Italy during 20 years to
be eligible for an Italian old age pension
In any other country of the EER
(only for the right to benefits, not for the amounts)
09 February 20117 Coordination - Belgrade
Co-ordination principles
Principle 4: exportability of benefits
= technique to avoid adverse effects of territorial
criteria when according and paying benefits
one does not need to be resident of the country that
has to pay the benefit, to receive the benefit
only for cash benefits (not in kind or non-contributory),
or when the benificiary has to meet certain conditions
(e.g. unemployment)
09 February 20118 Coordination - Belgrade
Co-ordination principles
Result:
the migrant worker is sure to be insured under the
system of one Member State
which will treat him equal to it‟s own nationals
which will take into account his career in all Member
States
and which will grant and pay benefits no matter where
the migrant worker lives within the territory of the EU
All systems use these principles...
09 February 20119 Coordination - Belgrade
Administration
But... How to do this in practice?
09 February 201110 Coordination - Belgrade
A B
C…
…
A
B
A
C
Administration
But... How to do this in practice?
09 February 201111 Coordination - Belgrade
A B
C ……
A
B
A
C
Administration
Different competent authorities
Different ways of doing things
Different national systems with different notions
...
09 February 2011Coordination - Belgrade12
The EESSI project
Regulation 883/2004 contains a mandate to exchange
information electronically (art. 78)
“ The transmission of data between
the institutions or the liaison
bodies shall be carried out by
electronic means either directly or
indirectly through the access
points under a common secure
framework that can guarantee the
confidentiality and protection of
exchanges of data.” (art. 4(2) Reg.
987/2009)
09 February 201113 Coordination - Belgrade
The EESSI project – how?
09 February 2011Coordination - Belgrade14
I
II
I
I
I
AP AP
I
(graphics: Mrs. Silvia Kersemakers, DG
Employment, Social Affairs and Equal
Opportunities; European Commission)
The EESSI project – concept
09 February 2011Coordination - Belgrade15
The EESSI project – timing
09 February 2011Coordination - Belgrade16
JULY
2009
MAY
2010
DECEMBER
2010
MAY
2012
TRAINING,
INFORMATION PERIOD
……
……
……
……
……
……
….
……
……
……
……
……
……
….
TRANSITIONAL PERIOD
EESSI Starts to function
Implementing
Regulation adopted
Regulations
become applicable
(graphics: Mrs. Silvia Kersemakers, DG
Employment, Social Affairs and Equal
Opportunities; European Commission)
The EESSI project - issues
From paper E-forms to electronic messages
(“Structured Electronic Documents”)
more (paper) documents; risk of erosion of support
The interoperability framework is not yet completely
set
unanswered questions hamper national planning
Strict rules without harmonisation?
Trust and security issues (e.g. secure identification?)
When technicians meet technicians...
09 February 2011Coordination - Belgrade17
Thank you!
Time for a round-up, questions and remarks...
Steven Segaert
09 February 2011Coordination - Belgrade18
