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

Principles of Social Security Coordination and Harmonisation COORDINATION IN EU 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) COORDINATION IN COE MEMBER STATES 47 Member States (Convention and interims agreements) Ratification/entry into force of Convention (8) and interim agreements (21) March 2010Principles of Social Security Co-ordination by S. MOLINA2

March 2010Principles of Social Security Co-ordination by S. MOLINA3 Principles of Social Security Co-ordination and Harmonisation Co-ordinationCo-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 2010Principles of Social Security Co-ordination by S. MOLINA4 Principles of Social Security Co-ordination and Harmonisation HarmonisationHarmonisation Whole range of techniques which, in various degrees, effectively change national legislation in order to bring theses close(r) to each other.

March 2010Principles of Social Security Co-ordination by S. MOLINA5 Co-ordination techniques social security risks – social assistance Co-ordination techniques developed for the traditional social security risksCo-ordination techniques developed for the traditional social security risks –Techniques for foreigners residing in the country or only for those staying temporary in the territory Co-ordination principles in relation to social assistanceCo-ordination principles in relation to social assistance –Techniques for 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 wayGuarantees for persons who stay in an illegal manner or work in an illegal way

March 2010Principles of Social Security Co-ordination by S. MOLINA6 Categories of Social Security co-ordination instruments Bilateral and Multilateral AgreementsBilateral and Multilateral Agreements Multilateral ConventionsMultilateral Conventions Supra-national lawSupra-national law

March 2010Principles of Social Security Co-ordination by S. MOLINA7 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 2010Principles of Social Security Co-ordination by S. MOLINA8 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) Co-ordination principles for the traditional social security risks (excluding social assistance)

March 2010Principles of Social Security Co-ordination by S. MOLINA9 Aims to solve the problem of discriminationAims to solve the problem of discrimination –Overt discrimination Based on citizenship/nationality –Hidden/indirect discrimination Other distinguishing criteria achieving the same result 1. Equality of Treatment Co-ordination principles for the traditional social security risks (excluding social assistance)

March 2010Principles of Social Security Co-ordination by S. MOLINA10 Avoiding positive and negative conflicts of lawAvoiding positive and negative conflicts of law –“Lex loci laboris” principle ExceptionsExceptions –“Posting” Special rules for certain categoriesSpecial rules for certain categories Cooperation between the administrationsCooperation between the administrations 2. Designation of applicable legislation Co-ordination principles for the traditional social security risks (excluding social assistance)

March 2010Principles of Social Security Co-ordination by S. MOLINA11 National legislationNational legislation –qualifying periods AggregationAggregation –of periods of insurance –of employment or –of residence Long-term benefitsLong-term benefits –principle of pro-rata calculation 3. Aggregation of Insurance Periods (protection of the rights in course of acquisition) Co-ordination principles for the traditional social security risks (excluding social assistance)

March 2010Principles of Social Security Co-ordination by S. MOLINA12 National legislationNational legislation –Restrictions Export of benefitsExport of benefits –In cash –In kind 4. Export of Benefits (protection of the acquired social security rights) Co-ordination principles for the traditional social security risks (excluding social assistance)

March 2010Principles of Social Security Co-ordination by S. MOLINA13 Delineation of social assistanceDelineation of social assistance – Equal treatment in case of residence – Temporary stay Minimum protection to be guaranteed for illegal migrantsMinimum protection to be guaranteed for illegal migrants Co-ordination principles with regard to social assistance: guarantees in the field of social assistance for foreign persons

Four Basic Principles of Social Security Co-ordination Sixto MOLINA