Special Non-Contributory Benefits in Regulation 1408/71, Regulation 883/2004 and the Case Law of the ECJ

Abstract

This paper examines the provisions in Regulation 883/2004 on special non-contributory benefits and compares them with those of Regulation 1408/71. First the separate coordination regime that has been introduced for the so-called special non-contributory benefits is described. The status of these benefits has been under discussion for more than 30 years now, both at the level of the European legislature and of the European Court of Justice (ECJ). The issues raised concern the scope of the EC coordination system and the application of its general principles, in particular the export of benefits. Further to the case law of the ECJ, the Community legislator intervened in 1992 for the first time by introducing a special coordination regime for these benefits in Regulation 1408/71. Due to developments in the ECJ's case law, these provisions had to be thoroughly redrafted in the new Regulation 883/2004. This matter was so urgent that these amendments had already been integrated in the current applicable provisions of Regulation 1408/71. The history of these discussions is briefly highlighted, and then the specific coordination regime that has been set up in Regulations 883/2004 and 1408/71 is explored. Finally, the paper examines the very recent discussion on this regime before the ECJ, challenging again the legislative agreement.