Abstract
This article examines the United Kingdom’s negotiating position on the revision of the EU Coordinating Regulations proposed by the European Commission in December 2016, in the context of Brexit and the negotiations on the Withdrawal Agreement. The Withdrawal Agreement contains provisions on the future coordination of social security for UK and EU nationals who have exercised their freedom of movement rights before the end of the transition period. The coordination envisaged by the Withdrawal Agreement has not been sealed at the point of the UK’s departure but will continue to evolve and incorporate future changes in the EU Coordinating Regulations, including the reforms contained in the Commission’s current legislative proposal. The UK had a seat at the negotiating table until it left the European Union on 31 January 2020, which it used to try to influence the reform of the Coordinating Regulations to reflect its future interests. The article finds that, while the UK participated in negotiating the current revision of the Coordinating Regulations and several of the revisions are in line with its aims, its influence is waning as the UK moves from being a rule maker to a rule taker in Europe.
Highlights
In a referendum on 23 June 2016 the United Kingdom (UK) voted by a very narrow margin to leave the European Union (EU).[1]
The Withdrawal Agreement[9] published on 17 October 2019 and signed on 24 January 2020 contains provisions on the future coordination of social security for UK and EU nationals who have exercised their freedom of movement rights before the end of the Transition period
The study contributes to the literature on EU law and policy making on coordination of social security;[16] Brexit and social security;[17] and the UK and EU’s approaches to the negotiations of the Withdrawal Agreement[18] and revision of the Social Security Coordinating Regulations
Summary
In a referendum on 23 June 2016 the United Kingdom (UK) voted by a very narrow margin to leave the European Union (EU).[1]. Given the time that pensions take to mature, the Coordinating Regulations are likely to apply to the UK for very many years to come With this in mind the UK participated in the negotiations to revise the Coordinating Regulations while at the same time negotiating the Withdrawal Agreement. The study contributes to the literature on EU law and policy making on coordination of social security;[16] Brexit and social security;[17] and the UK and EU’s approaches to the negotiations of the Withdrawal Agreement[18] and revision of the Social Security Coordinating Regulations
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