Coordination Of Social Security Research Articles

On improving the coordination of social security in the EU countries

On improving the coordination of social security in the EU countries

Social and medical services in the aspect of taking into account the individual characteristics of the patient: trends in legal regulation

The development of science and technology gave impetus to the modernization of medicine and the formation of its new directions, based on the individual characteristics of patients. Personalization of medicine contributes to the expansion of the list of services that are complex in composition and nature. The article considers the integration processes of the two most important spheres of public life: medicine and social services, emphasizes their importance for improving the quality and taking into account the individual characteristics of the patient in the provision of medical care, and notes the importance of the consistency of legal regulation of both components. The category social medical services is analyzed in the aspect of personalization of medical activity, further trends in the development of legislation in the study area are identified, problems of legal regulation in terms of interdepartmental interaction between management structures, coordination and continuity of medical activity and social security, updates standardization of medical and social services for successful collaboration.

Revival or Eternal Death? The Impact of Brexit on Early Bilateral Agreements in the Area of Aviation and Social Security Between the UK and EU Member States

The purpose of this article is to assess whether the withdrawal of the United Kingdom (UK) from the European Union (EU) may entail the revival of the early bilateral agreements between the UK and EU member states. The main claim is that the earlier bilateral agreements may be reinstated pursuant to international law, but the revival is substantially narrowed due to the limitations arising from EU law and the new EU – UK legal framework. This is based on the argument that the earlier bilateral agreements were not terminated or suspended in operation, and remain in force with limited application. After providing the outline of the new legal relations between the EU and the UK, the article analyses the framework provided for subsequent agreements in the Vienna Convention on the Law of Treaties and the case-law of international tribunals. The current analysis draws implications for a revival from EU Treaties and the case-law of the Court of Justice of the EU. Finally, general considerations are provided as applied to agreements in the two specific fields reviewed, namely aviation and coordination of social security.

The judicial finetuning of the EU rules determining the applicable social security legislation

The conflict rules enshrined in Regulation 883/2004 on the coordination of social security were created six decades ago to offer those who exercise free movement rights ‘constant social security protection’. The main idea was to ensure that beneficiaries are always subject to the legislation of a single Member State and to indicate which Member State that was. Because beneficiaries were above all ‘standard’ employees working on a full-time basis for an indefinite period of time, it was initially quite easy to determine the ‘competent’ Member State. The processes of flexibilization, digitalization, enlargement and globalization, however, have posed new and often formidable challenges. In today’s dynamic labour market it is often particularly difficult to identify the applicable legislation, issues arise as regards swift and frequent switches in the applicable legislation, increased worker and company mobility may affect social security rights and problems have arisen because of the possible fraudulent use of the rules determining the applicable legislation. This contribution analyses some of the recent CJEU case law on topics like working in to or more Member States, posting, abuse and fraud, employment and/or residence outside the EU and gaps in in social security protection by EU workers. The overarching question is how, in the view of the CJEU, the classic conflict rules are to be applied so as to ensure cross-border movers continue to enjoy constant social security protection.

Key Ideas on Mobility and Social Security after Brexit

This article provides a general understanding of the main aspects of mobility (no longer referred to as free movement) and social security coordination, in the Brexit international agreements that govern the relationship of the EU with the United Kingdom: the Withdrawal Agreement (WA) and the Trade and Cooperation Agreement (TCA). The article shows that both topics, mobility (or migration) and social security coordination, were relevant to the origins of Brexit. Before analysing both Brexit Agreements, the article gives a comparative overview of them, considering their principal features and their relationship. The article then analyses the mobility and coordination of social security in each agreement from a practical perspective, giving examples and highlighting the significant differences in coverage that they generate for the different citizens included in their personal scope.

Spatial-temporal characteristics of the coupling coordination of social security and economic development in China during 2002–2018

Clarifying the relationship between social security and economic development is helpful to realize the sustainable social security system and the stable function of sustainable economic development. In this paper, the entropy method, coupling coordination degree, standard deviation ellipse model, and spatial autocorrelation were used to study the spatial-temporal characteristics of coupling coordination of social security and economic development in China from 2002 to 2018. The results indicate that the relationship between social security and economic development in China has been gradually strengthened in the process of mutual adaptation and common development. The benign interaction between the two was unstable, though the coupling coordination degree gradually transitioned to the primary coupling coordination type. Besides, from a spatial perspective, first, the coupling coordination degree of social security and economic development in China contracted in the east-west and north-south directions, and the coupling coordination clustered in the central region in this period; second, the coupling coordination degree generally presented a positive spatial autocorrelation, and regions with similar coupling coordination degrees were in a state of agglomeration; finally, the hot spots clumped together to form a continuous area in the eastern coastal area while the cold spots expanded toward the northwest and northeast. Furthermore, the random distribution areas exhibited a trend of contraction.

The Partnership Agreement with the United Kingdom is a Mixed Agreement

This article offers a comprehensive, legal argument why the Partnership Agreement with the United Kingdom must necessarily be qualified as a mixed agreement (“obligatory mixity”). The main reason for this qualification lies in the fact that the Agreement includes the coordination of social security and extradition in its scope. Due to this wide scope, the Union does not have the exclusive external power to conclude the Agreement. Rather, the Union shares this power with the Member States (see part II). The wide scope of the Agreement also has the consequence that the Union cannot conclude the Agreement without the participation of the Member States. The conclusion of an agreement, such as the Partnership Agreement, which covers social security and extradition, necessarily touches upon exclusive powers of the Member States. Therefore, the Partnership Agreement is a case of so-called “obligatory mixity”. It must therefore be concluded by both the Union and its Member States.

EU coordination of social security from the point of view of EU integration theory

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.

Guest Editor’s overview of the Special Issue

The aim of this Special Issue is to present a critical analysis of the reform of the coordination of social security in the light of the 2016-2019 revision of the EU Regulations on the coordination of social security. The articles scrutinise all areas 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, which lays down the procedure for implementing Regulation (EC) No 883/2004. The introduction provides an overview of the negotiation of the Commission’s proposal and outlines the aims and the structure of the Special Issue.

Brexit and the reform of social security coordination: The UK’s metamorphosis from rule maker to rule taker

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.

Coordination of social security within the state: Questions to be addressed

Coordination of social security within the state: Questions to be addressed

Internal coordination of social security in the United Kingdom

Although social security is traditionally viewed as a highly centralised function in the UK, health care and long-term social care have long been devolved to sub-state governments, an arrangement requiring extensive internal coordination agreements. This coordination has various objectives, including ensuring parity of benefits provision in Northern Ireland (where social assistance is devolved) and Great Britain (where it is centralised), securing financial reimbursements for cross-border health care provision, and determining responsibility and eligibility criteria for individuals in need of social care. Further devolution and decentralisation of social security benefits over the past decade have made such coordination arrangements even more essential.

Internal coordination of social security in the Netherlands

This article outlines the internal coordination of regional and local social security schemes in the Netherlands. The Netherlands is a decentralised state with a strong central government. Social security is largely a matter for central government. The article therefore focuses on the area of social assistance and social care, characterised by a system of ‘regulated decentralisation’. It outlines the state of decentralisation, the conflict rules and the coordination mechanisms and, finally, describes the financial regime of the decentralised schemes.

Internal coordination of social security in Italy

This contribution deals with the internal coordination of health care, long-term social care and social assistance schemes – covered by EU regulation no. 883/2004 – in Italy after the constitutional reform enacted in 2001, which significantly decentralised legislative and administrative machinery by strengthening the prerogatives of the Regions, especially in terms of organisation and funding of the services. This article seeks to demonstrate that, although the decentralisation of health care and long-term social care has been accompanied by mechanisms of internal coordination among the Regions (particularly in the field of inter-regional mobility), regional social assistance schemes providing money transfers lack any form of coordination.

Internal coordination of social security in Sweden

This article begins with an overview of the structure of local governance in Sweden. It then examines the division of competences between municipalities and county councils, and the population register that determines the applicable law. Following this, the article focuses on health care schemes and the possibility for the competent county council to determine substantive health care. The municipalities’ responsibility for long term social care is then considered. Finally, the municipalities’ room for manoeuvre in relation to the social assistance scheme is reviewed. The concluding section discusses Sweden’s decentralised approach to social security.

Internal coordination of social security in federal Belgium

This article depicts the internal coordination of social security schemes, covered by EU Regulation no. 883/2004 in the federal state of Belgium. Since the first state reform in 1970, Belgium gradually evolved from a unitary into a federal state. Next to the federal level, there are two additional levels, the Communities and the Regions. Family allowances and long-term care insurance are, for instance, within the competence of the Communities. The article outlines the extent of federalism and decentralisation, the adjudication of competence between the federated entities and the financial arrangements between the federal state and the federated entities as well as the financial arrangements between the federated entities.

Internal coordination of social security in Spain

This paper introduces the topic of the internal coordination of regional and local social security schemes in Spain. In the field of social security, the constitutional framework imposes different solutions in terms of the division of competences between State and Autonomous Communities, depending on the branch of (public) social protection. In the provision of long-term social care, for instance, both the State and the Autonomous Communities participate. Healthcare services are mainly provided by the Autonomous Communities without prejudice to certain aspects of the role played by the State. Social assistance through cash benefits or social services are exclusively provided by the Autonomous Communities, with the deep participation of local entities, especially in the case of social services. The paper outlines the extent of devolution and decentralisation, and the adjudication of competence and financial arrangements. The final section addresses some specific questions in healthcare, long-term social care and social assistance.

Social policy and labour mobility in Europe - the gap between law and enforcement

In this contribution, the author reflects on the gap between EU social policy Regulations and Directives related to cross-border labour mobility and the problems that legal and social practitioners encounter in the application of this regulatory frame. He assesses some basic fields of social policy and workers’ rights applicable in the area of labour mobility (free movement, posting of workers, coordination of social security) to demonstrate the disparity between the 'spirit of the law’ and the practical application of the legislation. This gap is often stemming from contradictions that are the result of the subordination of social rights to the economic freedoms.

Poland and Bulgaria’s bilateral agreements with Eastern partnership countries in the context of circular migration

The article aims to examine the existing possibilities for social security coordination with Eastern partnership countries by taking as case studies two new Member States with relatively recent migration policies: Bulgaria and Poland. It first presents social security coordination dynamics at the national level, looking into the bilateral agreements concluded by Bulgaria and Poland and at their personal and material scope. Then it moves to an analysis of their implementation based on empirical data gathered through focus groups with migrant workers coming from Ukraine and Russia, interviews with officials and data obtained from the respective Ministries. The article employs a rights-based framework for analysis consisting of international standards in the field of coordination of social security, against which it assesses the bilateral agreements concluded by Bulgaria and Poland with Eastern Partnership countries.

Different Approaches to Cross Boreder Mobility of Patients in the European Union in Czechia, Slovakia and Poland

Poland and Slovakia are neighbour countries with similar history and socioeconomic conditions. They share heritage of socialized healthcare. Nevertheless, they adopted different policies towards promotion of patients’ mobility in the European Union. Accession to coordination of social security establishing assistance for tourists was smooth. Providers offer quality care for good prices. Foreign patients come to all three countries. Right for reimbursement of treatment intentionally sought across borders was created by the Court of Justice already before their accession. Nevertheless, they already decided on the Patients’ directive. Czechia supported it, Slovakia abstained and Poland refused. Numerous Poles seek treatment abroad and ask for its reimbursement, while implementing legislation barely complies and authorities are tight-fisted. Few Slovaks do it in accordance with rules adopted with cautiousness. Czechs ignore this opportunity despite official benevolence. Quality of healthcare, various price-setting and peculiarities of public financing explain this difference.