Abstract

This article comprises a study of the negotiation of the Commission’s proposal for amending Regulation (EC) No 883/2004 on the coordination of social security systems and Regulation (EC) No 987/2009 in the context of EU integration theories. This analysis is used to argue that the current integration stage in the coordination of social security is a complex phenomenon which displays elements of intergovernmentalism, neo-functionalism and post-functionalism. The negotiation process highlights the disagreements between the key players which may have important consequences for the future of EU regulation in the area of coordination of social security. The article concludes that the signs of intergovernmentalism are prevalent, as evident in the attention the Commission has given to the concerns of the Member States, the negotiating position of the Council, and the vote of the European Parliament which failed to approve the proposal at the first reading. This prevalence has led to a pause in the reform of the coordination regulations and may eventually lead to compromises that will weaken the progress of integration in the future. At the same time, the article argues that the theory of post-functionalism is important in explaining the phenomenon of Brexit with regard to the UK’s position in the negotiation of the Commission’s proposal and its future relevance for UK and EU citizens affected by the UK’s departure from the EU. The article concludes that disintegration along the lines of post-functionalism should not prevent the reintegration of the UK into the EU coordination of social security schemes, but may reinforce the prevalence of intergovernmentalism.

Highlights

  • EU citizens live in a single working-living space where they can move to live, work or retire in a Member State other than their state of origin

  • On 13 December 2016, the European Commission submitted its proposal for amending Regulation (EC) No 883/2004 on the coordination of social security systems and Regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004.2 The revision sought to clarify the circumstances in which Member States can limit access to social benefits claimed by economically inactive EU mobile EU citizens

  • The importance of progressive integration for the EU is reflected in the Treaty on the European Union, which emphasises the resolution of the Member States that signed it in Maastricht on 7 February 1992 to: (1) mark a new stage in the process of European integration undertaken with establishment of the European Communities, (2) continue the process of creating an ever closer union among the peoples of Europe, and (3) take further steps in order to advance European integration

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Summary

Introduction

EU citizens live in a single working-living space where they can move to live, work or retire in a Member State other than their state of origin. On 13 December 2016, the European Commission submitted its proposal for amending Regulation (EC) No 883/2004 on the coordination of social security systems and Regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004.2 The revision sought to clarify the circumstances in which Member States can limit access to social benefits claimed by economically inactive EU mobile EU citizens. Our analysis opens with an outline of the leading EU integration theories (intergovernmentalism, neo-functionalism and post-functionalism) and explains their role as an analytic tool in this investigation This is followed by a critical discussion of the rationale for, and the process of negotiation of, the Commission’s proposal in the light of integration theories. The article concludes that due to the fragmented system of decision making coupled with the absence of a single leading force, the integration process in the area of social security is torn apart by competing key actors in different directions and has a rather unpredictable future

EU integration theories as a tool of analysis
Neofunctionalism
Intergovernmentalism
Postfunctionalism
Public consultation and the role of non-governmental stakeholders
The negotiation process: is there a united vision of integration?
From disintegration to reintegration
The future of re-integration: beyond the EU Withdrawal Agreement
Conclusions
Declaration of conflicting interests
Full Text
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