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The emergence of a parallel system of social security coordination

Nicolas Rennuy UGent (2013) COMMON MARKET LAW REVIEW. 50(5). p.1221-1266
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.
Please use this url to cite or link to this publication:
author
organization
year
type
journalArticle (original)
publication status
published
subject
keyword
European citizenship, posting of workers, conflict of laws, the hierarchy of norms in EU law, the doctrine of pre-emption, Regulation 883/2004, the principle of proportionality, EU coordination of social security
journal title
COMMON MARKET LAW REVIEW
Common Mark. Law Rev.
volume
50
issue
5
pages
1221 - 1266
Web of Science type
Article
Web of Science id
000326952500002
JCR category
INTERNATIONAL RELATIONS
JCR impact factor
2.043 (2013)
JCR rank
6/83 (2013)
JCR quartile
1 (2013)
ISSN
0165-0750
language
English
UGent publication?
yes
classification
A1
copyright statement
I have transferred the copyright for this publication to the publisher
id
4156931
handle
http://hdl.handle.net/1854/LU-4156931
date created
2013-10-07 12:17:46
date last changed
2016-12-19 15:46:58
@article{4156931,
  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},
  issn         = {0165-0750},
  journal      = {COMMON MARKET LAW REVIEW},
  keyword      = {European citizenship,posting of workers,conflict of laws,the hierarchy of norms in EU law,the doctrine of pre-emption,Regulation 883/2004,the principle of proportionality,EU coordination of social security},
  language     = {eng},
  number       = {5},
  pages        = {1221--1266},
  title        = {The emergence of a parallel system of social security coordination},
  volume       = {50},
  year         = {2013},
}

Chicago
Rennuy, Nicolas. 2013. “The Emergence of a Parallel System of Social Security Coordination.” Common Market Law Review 50 (5): 1221–1266.
APA
Rennuy, N. (2013). The emergence of a parallel system of social security coordination. COMMON MARKET LAW REVIEW, 50(5), 1221–1266.
Vancouver
1.
Rennuy N. The emergence of a parallel system of social security coordination. COMMON MARKET LAW REVIEW. 2013;50(5):1221–66.
MLA
Rennuy, Nicolas. “The Emergence of a Parallel System of Social Security Coordination.” COMMON MARKET LAW REVIEW 50.5 (2013): 1221–1266. Print.