Four Basic Principles of Social Security Coordination Sixto

Four Basic Principles of Social Security Co-ordination Sixto Molina Sarajevo - March 2010

Principles of Social Security Coordination and Harmonisation March 2010 COORDINATION IN EU MEMBER STATES COORDINATION IN COE MEMBER STATES • 27 Member States (EC legislation – 1408/71, 883/2004, 3646/09, 11162/09, 3467/09, 11600/09) entry into force May 2010 • Migrants staying in two countries or more • Bilateral agreements (non EC countries) • 47 Member States (Convention and interims agreements) • Ratification/entry into force of Convention (8) and interim agreements (21) Principles of Social Security Co-ordination by S. MOLINA 2

Principles of Social Security Co-ordination and Harmonisation • Co-ordination Techniques which are aimed at guaranteeing the social security entitlements of migrating persons and their dependants. Aiming at making national systems fit together in transnational situations. March 2010 Principles of Social Security Co-ordination by S. MOLINA 3

Principles of Social Security Co-ordination and Harmonisation • Harmonisation Whole range of techniques which, in various degrees, effectively change national legislation in order to bring theses close(r) to each other. March 2010 Principles of Social Security Co-ordination by S. MOLINA 4

Co-ordination techniques social security risks – social assistance • Co-ordination techniques developed for the traditional social security risks – Techniques foreigners residing in the country or only for those staying temporary in the territory • Co-ordination principles in relation to social assistance – Techniques foreigners residing in the country or only for those staying temporary in the territory • Guarantees for persons who stay in an illegal manner or work in an illegal way March 2010 Principles of Social Security Co-ordination by S. MOLINA 5

Categories of Social Security -ordination instruments co • Bilateral and Multilateral Agreements • Multilateral Conventions • Supra-national law March 2010 Principles of Social Security Co-ordination by S. MOLINA 6

Categories of persons with corresponding social security problems • Migrant workers residing in the country of work • Cross-border movement • Foreign citizenship or citizenship of state not existing anymore • Refugees and displaced persons staying temporary in the host country • Refugees intending to move up to other countries • Foreign persons staying temporary on the territory for private reasons • Illegal migrants March 2010 Principles of Social Security Co-ordination by S. MOLINA 7

Co-ordination principles for the traditional social security risks (excluding social assistance) 1. Determination of Applicable Legislation 2. Aggregation of Insurance Periods 3. Equality of Treatment 4. Export of Benefits 5. (Cooperation between national administrations) 6. (Assimilation of facts) March 2010 Principles of Social Security Co-ordination by S. MOLINA 8

Co-ordination principles for the traditional social security risks (excluding social assistance) 1. Equality of Treatment • Aims to solve the problem of discrimination – Overt discrimination Based on citizenship/nationality – Hidden/indirect discrimination Other distinguishing criteria achieving the same result March 2010 Principles of Social Security Co-ordination by S. MOLINA 9

Co-ordination principles for the traditional social security risks (excluding social assistance) 2. Designation of applicable legislation • Avoiding positive and negative conflicts of law – “Lex loci laboris” principle • Exceptions – “Posting” • Special rules for certain categories • Cooperation between the administrations March 2010 Principles of Social Security Co-ordination by S. MOLINA 10

Co-ordination principles for the traditional social security risks (excluding social assistance) 3. Aggregation of Insurance Periods (protection of the rights in course of acquisition) • National legislation – qualifying periods • Aggregation – – – of periods of insurance of employment or of residence • Long-term benefits – March 2010 principle of pro-rata calculation Principles of Social Security Co-ordination by S. MOLINA 11

Co-ordination principles for the traditional social security risks (excluding social assistance) 4. Export of Benefits (protection of the acquired social security rights) • National legislation – Restrictions • Export of benefits – In cash – In kind March 2010 Principles of Social Security Co-ordination by S. MOLINA 12

Co-ordination principles with regard to social assistance: guarantees in the field of social assistance foreign persons • Delineation of social assistance – Equal treatment in case of residence – Temporary stay • Minimum protection to be guaranteed for illegal migrants March 2010 Principles of Social Security Co-ordination by S. MOLINA 13

Four Basic Principles of Social Security Co-ordination Sixto MOLINA