Third-Country Nationals and the European Coordination of Social Security

Abstract

The Community 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 Community Regulations. The article also demonstrates how recent developments in the legal basis and in the case law of the Court have paved the way for the extension of the current Regulation 1408/71 to third-country nationals. Regulation 859/2003 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 legally residing in a Member State do not benefit from equal treatment as nationals in the host State. The article clarifies why some categories of third-country nationals do have a EU level guarantee of equal treatment, even when there is no cross-border element between two Member States, while other categories have not. Regulation 883/2004 will soon replace regulation 1408/71, which is currently in place. One of the main improvements of the latter is its personal scope: it will apply all EU nationals who are insured under national law, including non-active people. Special attention is paid to the consequences of the replacement of Regulation 1408/71 by Regulation 883/2004 for third-country nationals.