1. Sixto MOLINA FOUR BASIC PRINCIPLES OF SOCIAL SECURITY COORDINATION 14-15 September 2010 Belgrade, Serbia

2. Sixto Molina2 Council of Europe 47 Member States47 Member States Human rights, pluralist democracy, rule of lawHuman rights, pluralist democracy, rule of law Democratic stability in Europe, greater unity between Member StatesDemocratic stability in Europe, greater unity between Member States

3. Sixto Molina3 European Institutions Council of Europe / European CouncilCouncil of Europe / European Council Parliamentary Assembly / European ParliamentParliamentary Assembly / European Parliament European Court of Human RightsEuropean Court of Human Rights Court of Justice of the European Communities International Court of Justice

4. Sixto Molina4 Human Rights Instruments Convention for the Protection of Human Rights and Fundamental Freedoms (1950)Convention for the Protection of Human Rights and Fundamental Freedoms (1950) = civil and political rights European Social Charter (1964) and Revised Charter (1996)European Social Charter (1964) and Revised Charter (1996) = social and economic rights

5. Sixto Molina5 Civil and Political Rights versus Social and Economic Rights ECHR: based in a Court, with judgments and a real execution control mechanism by the Committee of Ministers. Individual complaints allowed. Financial compensation can be awarded. Resolutions adopted by the CM. Possible sanctions for non-execution (political).ECHR: based in a Court, with judgments and a real execution control mechanism by the Committee of Ministers. Individual complaints allowed. Financial compensation can be awarded. Resolutions adopted by the CM. Possible sanctions for non-execution (political). Social Rights: based in Committees, no judgments but national reports (except collective complaints). Recommendations adopted by the CM. No financial implications.Social Rights: based in Committees, no judgments but national reports (except collective complaints). Recommendations adopted by the CM. No financial implications.

6. Sixto Molina6 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.

7. Sixto Molina7 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.

8. Sixto Molina8 Social Security Instruments Standard setting instrumentsStandard setting instruments − European Social Charter (Article 12) 1964 − European Code of Social Security 1964 − Revised European Code of Social Security 1990 Co-ordination instrumentsCo-ordination instruments − Two European Interim Agreements on Social Security Schemes 1952 − European Convention on Social and Medical Assistance 1953 − European Convention on Social Security 1972 Model Provisions for a bilateralModel Provisions for a bilateral Social Security Agreement 1994

9. Sixto Molina9 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

10. Sixto Molina10 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 201027 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 moreMigrants staying in two countries or more Bilateral agreements (non EC countries)Bilateral agreements (non EC countries) COORDINATION IN COE MEMBER STATES 47 Member States (Convention and interims agreements)47 Member States (Convention and interims agreements) Ratification/entry into force of Convention (8) and interim agreements (21)Ratification/entry into force of Convention (8) and interim agreements (21)

11. Sixto Molina11 Categories of Social Security co-ordination instruments Bilateral and Multilateral AgreementsBilateral and Multilateral Agreements Multilateral ConventionsMultilateral Conventions Supra-national lawSupra-national law

12. Sixto Molina12 Categories of persons with corresponding social security problems Migrant workers residing in the country of workMigrant workers residing in the country of work Cross-border movementCross-border movement Foreign citizenship or citizenship of state not existing anymoreForeign citizenship or citizenship of state not existing anymore Refugees and displaced persons staying temporary in the host countryRefugees and displaced persons staying temporary in the host country Refugees intending to move up to other countriesRefugees intending to move up to other countries Foreign persons staying temporary on the territory for private reasonsForeign persons staying temporary on the territory for private reasons Illegal migrantsIllegal migrants

13. Sixto Molina13 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)

14. Sixto Molina14 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)

15. Sixto Molina15 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)

16. Sixto Molina16 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)

17. Sixto Molina17 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)

18. Sixto Molina18 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

19. Sixto Molina19 Treaties ratified or having been the subject of an accession by CoE Member States in the Balkan Region as of 07/05/2010 Number of CoE’s treaties = 209Number of CoE’s treaties = 209 72 Treaties ratified by Albania72 Treaties ratified by Albania 75 Treaties ratified by B&H75 Treaties ratified by B&H 89 Treaties ratified by Croatia89 Treaties ratified by Croatia 73 Treaties ratified by Montenegro73 Treaties ratified by Montenegro 68 Treaties ratified by Serbia68 Treaties ratified by Serbia 86 Treaties ratified by the FYR of Macedonia86 Treaties ratified by the FYR of Macedonia 98 Treaties ratified by Turkey98 Treaties ratified by Turkeyhttp://conventions.coe.int

20. Sixto Molina20 Albania: Revised European Social Charter, European Convention on the legal status of migrant workersAlbania: Revised European Social Charter, European Convention on the legal status of migrant workers B&H: Revised European Social CharterB&H: Revised European Social Charter Croatia: European Social Charter, Additional Protocol to the ESC, Protocol Amending the ESC, and Additional Protocol Providing for a System of Collective ComplaintsCroatia: European Social Charter, Additional Protocol to the ESC, Protocol Amending the ESC, and Additional Protocol Providing for a System of Collective Complaints Montenegro: Revised European Social CharterMontenegro: Revised European Social Charter Serbia: Revised European Social CharterSerbia: Revised European Social Charter The FYRO Macedonia: European Social Charter, Protocol Amending the ESCThe FYRO Macedonia: European Social Charter, Protocol Amending the ESC Turkey: Both European Interim Agreements (and Protocols), European Code of Social Security, European Convention of Social Security (and supplementary agreement), European Convention on the legal status of migrant workers, European Social Charter, Revised European Social Charter, European Convention on Social and Medical Assistance.Turkey: Both European Interim Agreements (and Protocols), European Code of Social Security, European Convention of Social Security (and supplementary agreement), European Convention on the legal status of migrant workers, European Social Charter, Revised European Social Charter, European Convention on Social and Medical Assistance. Treaties in the Social Field ratified or having been the subject of an accession by CoE Member States in the Balkan Region as of 07/05/2010

21. Sixto Molina21 Council of Europe Treaties in the Social Field European Code of Social Security and ProtocolEuropean Code of Social Security and Protocol European Code of Social Security RevisedEuropean Code of Social Security Revised European Convention on Social Security and ProtocolEuropean Convention on Social Security and Protocol Supplementary Agreement for the Application of the European Convention on Social SecuritySupplementary Agreement for the Application of the European Convention on Social Security European Convention on Social and Medical Assistance and ProtocolEuropean Convention on Social and Medical Assistance and Protocol European Interim Agreement on Social Security Schemes Relating to Old Age, Invalidity and Survivors and ProtocolEuropean Interim Agreement on Social Security Schemes Relating to Old Age, Invalidity and Survivors and Protocol European Interim Agreement on Social Security other than Schemes for Old Age, Invalidity and Survivors and ProtocolEuropean Interim Agreement on Social Security other than Schemes for Old Age, Invalidity and Survivors and Protocol European Convention on the Legal Status of Migrant WorkersEuropean Convention on the Legal Status of Migrant Workers European Social Charter, Additional Protocol and Protocol Amending itEuropean Social Charter, Additional Protocol and Protocol Amending it European Social Charter RevisedEuropean Social Charter Revised Additional Protocol to the ESC providing for a System of Collective ComplaintsAdditional Protocol to the ESC providing for a System of Collective Complaints European Agreement on Au Pairs PlacementsEuropean Agreement on Au Pairs Placements

22. Sixto MOLINA FOUR BASIC PRINCIPLES ON SOCIAL SECURITY COORDINATION 14-15 September 2010 Belgrade, Serbia