50 Years of European Social Security Coordination

Abstract

This article provides an historical overview of the major developments during 50 years of European social security coordination. It shows how the protection offered by the Community Regulations has been gradually extended and improved. The Court of Justice has played a substantial role in this development. The extension of the personal scope of the coordination rules from workers to EU citizens, as well as some developments in their material scope, is highlighted. The principle of equal treatment has been reinforced in the new Regulation 883/2004, which will soon replace the current Regulation 1408/71. The developments in the geographical application of the coordination rules are highlighted as well as the importance of international agreements concluded between the EU and third countries. The article also shows the growing impact of Treaty provisions governing other fields of Community law on the coordination of social security. Cross-border health care is just an example. Special attention is paid to the developments in the legal basis for Community legislation on coordination of social security, including the introduction of clear competence to legislate on third country nationals. In the conclusions a number of reflections are expressed about where the coordination could, or indeed, should go in the future.