Research project SO/02/064 (Research action SO)
1. Aim of the research
The stipulations for coordination of social security, the EC regulations 1408/71 and 574/72, are part of the arrangement for free movement of workers and are intended to contribute to the upgrading of the standard of living and the improvement of the working conditions of migrating persons. Mostly these stipulations are described to be very complex. This is why over several years these Regulations have been adjusted, simplified and modernised. This resulted in a new Regulation, No 883/2004. The implementation of the regulation has however to be elaborated, which could take a while. However, today, the Regulation can be seen as a patchwork, incorporating specific arrangements for different categories of persons and using different principles on different risks. Eliminating these inconsistencies could simplify the Regulation considerably. Rationalisation can be considered to be an efficient method to simplify and modernise the Regulation.
The base of the research are the twelve parameters, which have been accepted at the European top during the Belgian EU-presidency in December 2001 and which were used to amend European Coordination regulations. The parameters clearly indicate that a number of principles are open for further discussion and refinement. This research wants to scientifically support the items which are still discussable and test them in a prospective way through ‘best practice’ models and to eliminate inconsistencies according to the risk.
For this research 2 branches were chosen, i.e. health care and employment. Previous research demonstrated that in these two branches the inconsistencies and bilateral solutions made between Member States are most clearly present. The Regulations indicate different categories of persons, having different rights. An example is the separate arrangement for frontier workers. There also seems to be a considerable inconsistency between the different risks. As for medical care there is an integration in the resident country, and as for employment there is an integration in the country of previous employment. Because of problems resulting from the implementation of the Regulations, several bilateral initiatives have been taken especially in the health care branch. These initiatives aim at a better, simpler application of the Regulation. This research project wants to eliminate these inconsistencies and propose an alternative.
2. Working method
The selected risks are being examined from two angles. First the inconsistencies are being identified and analysed within the Regulation according to the risk. Afterwards the bilateral initiatives, taken as a result of the application problems when implementing the Regulations, are being evaluated and analysed.
Further to this, interviews were taken from persons who deal with these problems in reality and a big survey was done with regard to the behaviour, motives and difficulties to cross-border health care between the Netherlands and Belgium.
On the base of all this data, a proposition for rationalisation is made, taking into account what exists today and the problems which occur or not in practice.
3. Documentation material
JORENS, Y. (ed.), “Grensoverschrijdende arbeid en Sociale Zekerheid: de relatie tussen België en zijn buurlanden: Duitsland, Frankrijk en Nederland“, Rapport Sociale Cohesie, een voorbereidende studie, Fase I, auteurs: BUYSSE, S., JORENS, Y., KESSLER, F., KLOSSE, S. en SCHULTE, B., Gent, Academia Press, 2003, 217 p.
Schulte, B. and Jorens, Y., European Report 2003, European Observatory on Social Security for Migrant Workers, München-Brussel, 165 p.
Proposal for a Regulation of the European parliament and of the Council on the Co-ordination of social security systems – parameters for modernisation of Regulation (EEC) No 1408/71, 6 December 2001, 1998/0360 (COD)
Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (Text with relevance for the EEA and for Switzerland), O.J., L166, 30 April2004, p.0001-0123
Naar een rationalisatie van de EG -Coördinatieverordeningen inzake sociale zekerheid?
Jorens, Yves - De Schuyter, Barbara - Salamon, Cindy Gent : Academia Press, 2005 (PB6146)
Vers une rationalisation des règlements de coordination en matière de sécurité sociale? : résumé
Bruxelles : Politique scientifique fédérale, 2005 (SP1504)
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Naar een rationalisatie van de EG -Coördinatieverordeningen inzake sociale zekerheid? : samenvatting
Brussel : Federaal Wetenschapsbeleid, 2005 (SP1505)
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Towards a rationalisation of the EC-coordination regulations concerning social security? : summary
Brussels : Federal Science Policy, 2005 (SP1506)
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