The emergence of a parallel system of social security coordination
- Author
- Nicolas Rennuy (UGent)
- Organization
- 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
- 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
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Citation
Please use this url to cite or link to this publication: http://hdl.handle.net/1854/LU-4156931
- MLA
- Rennuy, Nicolas. “The Emergence of a Parallel System of Social Security Coordination.” COMMON MARKET LAW REVIEW, vol. 50, no. 5, 2013, pp. 1221–66.
- APA
- Rennuy, N. (2013). The emergence of a parallel system of social security coordination. COMMON MARKET LAW REVIEW, 50(5), 1221–1266.
- Chicago author-date
- Rennuy, Nicolas. 2013. “The Emergence of a Parallel System of Social Security Coordination.” COMMON MARKET LAW REVIEW 50 (5): 1221–66.
- Chicago author-date (all authors)
- Rennuy, Nicolas. 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.
- IEEE
- [1]N. Rennuy, “The emergence of a parallel system of social security coordination,” COMMON MARKET LAW REVIEW, vol. 50, no. 5, pp. 1221–1266, 2013.
@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}},
keywords = {{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}},
}