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The emergence of a parallel system of social security coordination

Nicolas Rennuy (UGent)
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Abstract
The ECJ grants migrant citizens an increasingly wide access to the social security schemes of Member States lacking competence. This line of case-law is conceptualised as creating a parallel system of social security coordination. Its foundations lie in the doctrine of pre-emption and the case-law on Union citizenship, both of which remodel the constitutional relationship between the free movement provisions of the TFEU on the one hand, and, on the other, secondary EU legislation (in particular Regulations 1408/71 and 883/2004) and national law. The system adds a layer of social security protection for migrants under the legislation of Member States with which they have a privileged connection. As a corollary, it imposes additional duties upon these States, which until recently were entirely free of social security responsibilities. The uncertain position of the employer generates a tension between the freedom to provide services and the free movement of workers.
Keywords
the hierarchy of norms in EU law, posting of workers, Regulation 883/2004, the principle of proportionality, EU coordination of social security, the doctrine of pre-emption, conflict of laws, European citizenship

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Citation

Please use this url to cite or link to this publication:

Chicago
Rennuy, Nicolas. 2013. “The Emergence of a Parallel System of Social Security Coordination.” In Thirteenth Biennial Conference, Proceedings, 1–35. European Union Studies Association.
APA
Rennuy, N. (2013). The emergence of a parallel system of social security coordination. Thirteenth Biennial Conference, Proceedings (pp. 1–35). Presented at the Thirteenth Biennial Conference (EUSA - 2013), European Union Studies Association.
Vancouver
1.
Rennuy N. The emergence of a parallel system of social security coordination. Thirteenth Biennial Conference, Proceedings. European Union Studies Association; 2013. p. 1–35.
MLA
Rennuy, Nicolas. “The Emergence of a Parallel System of Social Security Coordination.” Thirteenth Biennial Conference, Proceedings. European Union Studies Association, 2013. 1–35. Print.
@inproceedings{3220290,
  abstract     = {The ECJ grants migrant citizens an increasingly wide access to the social security schemes of Member States lacking competence. This line of case-law is conceptualised as creating a parallel system of social security coordination. Its foundations lie in the doctrine of pre-emption and the case-law on Union citizenship, both of which remodel the constitutional relationship between the free movement provisions of the TFEU on the one hand, and, on the other, secondary EU legislation (in particular Regulations 1408/71 and 883/2004) and national law. The system adds a layer of social security protection for migrants under the legislation of Member States with which they have a privileged connection. As a corollary, it imposes additional duties upon these States, which until recently were entirely free of social security responsibilities. The uncertain position of the employer generates a tension between the freedom to provide services and the free movement of workers.},
  author       = {Rennuy, Nicolas},
  booktitle    = {Thirteenth Biennial Conference, Proceedings},
  keyword      = {the hierarchy of norms in EU law,posting of workers,Regulation 883/2004,the principle of proportionality,EU coordination of social security,the doctrine of pre-emption,conflict of laws,European citizenship},
  language     = {eng},
  location     = {Maryland, Baltimore, USA},
  pages        = {1--35},
  publisher    = {European Union Studies Association},
  title        = {The emergence of a parallel system of social security coordination},
  url          = {http://www.euce.org/eusa/2013/},
  year         = {2013},
}