Regulation 1231/2010 on the inclusion of third-country nationals in EU social security coordination

Abstract

The EU regulations on the coordination of social security systems provide a high standard of protection for people moving within the EU. For a long time, third-country national workers have been excluded from this protection. This article shows that the explanation for this exclusion is to be found in the legal basis of the EU regulations. This article also demonstrates how developments in primary law in the last two decades have paved the way for the extension of the EU regulations to third-country nationals. Regulation 1231/2010 offers third-country nationals, in the field of social security, the same protection as EU citizens moving within the EU. However, this extension is subject to two conditions. For this reason, a considerable number of third-country nationals working in a Member State do not benefit from equal treatment as nationals of the host State. The article clarifies why Regulation 1231/2010 does not apply in Norway, Iceland, Liechtenstein, Switzerland and Denmark. Attention is paid to a number of challenges and open questions, such as the special position of the UK and the relationship between Regulation 1231/2010 and bilateral agreements concluded between a Member State and a third country.