A Maritime Competition Reading Of Regulation 1408/71/Ec On The Co-Ordination Of Social Security Systems In The European Union: Is The Current Regime Out-Of-Date?

Abstract

The purpose of the chapter is to use Council Regulation 1408/71/EC of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community as an illustration of the impact of EU coordination rules on social security systems on maritime competition. The chapter briefly explores the limitations of the use of the Regulation as a maritime competition instrument per se , and builds on the use of social State aids to shipping as a consistent means of enhancing maritime competition via social factors, as opposed to the potential of Regulation 1408/71/EC, which is basically a coordination tool which should not be overestimated. It sheds light on the maritime labour dimension of competition in shipping by suggesting a constructive approach between Regulation 1408/71/EC and the socially-oriented State aids to maritime transport. Keywords: Council Regulation 1408/71/EC; EU coordination rules; maritime competition; social security systems; social State aids