Social security coordination in Association Agreements

Abstract

In March 2012, the European Commission adopted a Communication on the external dimension of EU social security coordination. On the one hand, the Commission explained that social security coordination between the EU and rest of the world is dealt with at a national level. On the other hand, the Commission argued that a common EU approach to social security coordination with third countries was under development. This common EU approach to social security coordination consists of a number of elements. One element relates to Association Agreements and Stabilisation and Association Agreements. These Agreements and specific Decisions taken by Association Councils (established by such Agreements) stipulate rules, which govern social security coordination for workers and their families, who move between the EU and the associated country. According to the Commission, once the Association Council Decisions are adopted, the common EU approach to social security coordination will be implemented. Six years after the publication of the 2012 European Commission Communication, questions arise as to whether or not the Association Agreements have been implemented, and the reasons for this.

This article seeks to examine and contrast selected Association Agreements and Stabilisation and Association Agreements (SAAs), which provide social security rules for the nationals of the contracting parties. These will include the Ankara Agreement concluded with Turkey, the Euro-Mediterranean Agreements with Algeria, Morocco and Tunisia, and the SAAs with the Balkan countries. The aim of this article is to provide an overarching overview of the different legal positions that third-country nationals may rely on, based on their nationality, and to explore whether or not Association Agreements have been implemented in terms of social security coordination rules.