The Relationship between Regulation (EEC) 1612/68 and Regulation (EEC) 1408/71 Analysed through ECJ Case Law on Frontier Workers

Abstract

This article analyses the relationship between two EC Regulations protecting the social rights of migrant workers moving within the Union: Regulation (EEC) No 1612/68, concerning freedom of movement for workers, and Regulation (EEC) No 1408/71, concerning the co-ordination of the social security systems of the Member States. The article takes a closer look at the added value of Regulation 1612/68 over Regulation 1408/71. It begins by outlining the framework and general content of Regulation 1612/68 and explains its legal relationship with Regulation 1408/71. Building on ECJ case law, accepting that Regulation 1612/68 also applies to frontier workers, it then analyses the added value of Regulation 1612/68 over Regulation 1408/71. It argues that there is, in particular, added value for benefits not falling within the scope of Regulation 1408/71, such as some family benefits, pre-retirement benefits or career-interruption benefits. However for benefits covered by Regulation 1408/71, the latter takes precedence over Regulation 1612/68, which means that in some cases residence requirements can be maintained. At the end of the article, there is an assessment of the unresolved problems involved in applying Regulation 1612/68. It follows from the analysis that uncertainties and even loopholes still exist as regards the legal position of migrant workers under this regulation. It reveals that in certain cases migrant workers, in particular frontier workers, can still risk falling between two stools, or conversely, can end up having the best of both worlds.