The External Dimension of EU Social Security Coordination

Towards a Common EU Approach

Series: 

Author:
Pauline Melin
In The External Dimension of EU Social Security Coordination: Towards a Common EU Approach, Pauline Melin provides a detailed legal analysis of the framework on social security coordination with third countries and offers alternative policy solutions to the current fragmented approach.

The analysis comprises a complete overview of the EU approach to social security coordination with third countries, 9 bilateral agreements (between Belgium, Germany, and the Netherlands, with respectively India, Turkey, and USA) and international standards. Based on this analysis, the author explores the possibility from an institutional perspective to develop a common EU approach through the conclusion of EU agreements. The author concludes by favouring an alternative softer solution through an EU model agreement and proposes that the content of that model agreement be based on the best practices of the current framework.
Copyright Year:
2020
E-Book (PDF)
Availability:
Published
ISBN:
978-90-04-41533-1
Publication:
09 Dec 2019
Hardback
Availability:
Published
ISBN:
978-90-04-41532-4
Publication:
19 Dec 2019
Cover The External Dimension of EU Social Security Coordination

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Pauline Melin obtained her Ph.D. in 2018 from Maastricht University (The Netherlands). She is currently a lecturer in EU Law at Maastricht University.
1 Introduction
 1 Setting the Scene
  1.1 The Fundamental Elements of Social Security Coordination
  1.2 The Nature of Social Security Coordination
  1.3 The Current EU Social Security Coordination
 2 Aims and Structure of the Research
 3 Methodology
  3.1 Research Method
  3.2 Choice of Countries
 4 Existing Research on Social Security Coordination with Third Countries
 5 Exclusions from the Scope of the Research
 6 Terminology

2 The EU Legal Framework on Social Security Coordination Relevant for Third-Country Nationals
 1 The Internal Dimension of EU Social Security Coordination
  1.1 History of the EU Rules on Social Security Coordination
  1.2 Social Security Coordination for Third-Country Nationals Moving between Member States
  1.3 The Coordination Rules under Regulation 1231/2010
 2 The External Dimension of EU Social Security Coordination
  2.1 EU Agreements with Third Countries
  2.2 The EU Migration Directives: Unilateral EU Measures
 3 The EU Charter of Fundamental Rights
  3.1 The Applicability of the EU Charter
  3.2 Article 34 of the EU Charter: Social Security and Social Assistance
 4 Conclusion

3 Member States’ Bilateral Agreements on Social Security Coordination with Third Countries: a Comparative Analysis of the Bilateral Agreements between Belgium, the Netherlands and Germany with Respectively India, Turkey and the usa
 1 India’s Bilateral Social Security Agreements with Belgium, Germany and the Netherlands
  1.1 Background of the Bilateral Agreements
  1.2 Comparison of the Member States’ Social Security Agreements with India
 2 The usa’s Bilateral Social Security Agreements with Belgium, Germany and the Netherlands
  2.1 Background of the Bilateral Agreements
  2.2 Comparison of the Member States’ Social Security Agreements with usa
 3 Turkey’s Bilateral Social Security Agreements with Belgium, Germany and the Netherlands
  3.1 Background of the Bilateral Agreements
  3.2 Comparison of the Member States’ Social Security Agreements with Turkey
 4 Conclusion

4 International Standards Relevant for Social Security Coordination with Third Countries
 1 United Nations’ Instruments
  1.1 The International Bill of Human Rights
  1.2 The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (icrmw)
 2 International Labour Organisation’s Instruments
  2.1 Ilo Instruments with Relevance for Social Security Coordination
  2.2 Ilo Instruments Specifically on Social Security Coordination
  2.3 The Relevance of ilo Instruments within the European Union
 3 Council of Europe’s Instruments
  3.1 Council of Europe’s Instruments on Social Security Coordination
  3.2 Council of Europe’s Instruments Setting Minimum Standards Relevant for the Field of Social Security
 4 Conclusion

5 EU Agreements as a First ‘Solution’ to Develop a Common EU Approach to Social Security Coordination with Third Countries
 1 EU Agreements: the ‘Solution’ to Achieve a Common EU Approach on Social Security Coordination?
  1.1 The Added Value of a Common EU Approach
  1.2 The Existence and the Nature of EU Competence
  1.3 An EU Agreement Per Third Country Instead of an EU Agreement for All Third Countries
 2 Option 1: EU Agreements that Include Provisions on Social Security Coordination
  2.1 The Inclusion of Social Security Provisions in Association Agreements
  2.2 The Inclusion of Social Security Provisions in Partnership and Cooperation Agreements (pca s)
  2.3 The Inclusion of Social Security Provisions in Free Trade Agreements (fta s)
 3 Option 2: EU Agreements on Social Security Coordination with Third Countries
  3.1 Article 48 tfeu as a Potential Legal Basis
  3.2 Article 79(2)(b) tfeu as a Potential Legal Basis
  3.3 A Combination of Article 48 tfeu and Article 79(2)(b) tfeu
  3.4 Article 153 tfeu as an Alternative Legal Basis
  3.5 Article 352 tfeu: the ‘Flexibility Clause’ to the Rescue
  3.6 Enhanced Cooperation as a Last Resort Solution
 4 Conclusion

6 An EU Model Agreement as a Second ‘Solution’ to Develop a Common Approach to Social Security Coordination with Third Countries
 1 Institutional Considerations
  1.1 An EU Model Agreement for the Member States and for the EU Institutions
  1.2 The Optional Character of an EU Model Agreement on Social Security Coordination with Third Countries
  1.3 One Model Agreement Fitting All Third Countries or One Model Agreement Per Third Country?
  1.4 The Working Group on the International Dimension of Social Security Coordination as the Target Group for This EU Model Agreement
  1.5 The Legal Basis for an EU Model Agreement
 2 The Content of an EU Model Agreement on Social Security Coordination with Third Countries
  2.1 Personal Scope
  2.2 Material Scope
  2.3 Equal Treatment
  2.4 Rules Determining the Law Applicable
  2.5 Export of Benefits
  2.6 Aggregation of Periods of Insurance
  2.7 Administrative Cooperation
 3 Conclusion

7 Concluding Remarks and Policy Recommendations
 1 Identifying the Elements of the Different Approaches to Social Security Coordination with Third Countries
  1.1 The EU Approach
  1.2 The National Approaches
  1.3 The Relevance of International Instruments for the Development of a Common EU Approach
 2 Developing a Common EU Approach to Social Security Coordination with Third Countries
  2.1 EU Agreements as a First ‘Solution’ Envisaged
  2.2 An EU Model Agreement as a Second ‘Solution’ Envisaged
  2.3 Final Conclusion on the Future of the External Dimension of EU Social Security Coordination

Bibliography
Index
For researchers and practitioners with an interest in the external dimension of EU social security coordination but also in EU agreements with third countries.
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