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  • Print publication year: 2012
  • Online publication date: September 2014

Chapter 1 - The function of European social security regulations

from Part V - Conflicts of law in social security – the coordination of national social security systems of EU Member States according to the regulation of the European Parliament and Council Regulation (EC) No. 883/2004 of April 29, 2004 on the coordination of social security systems

Summary

European legislation governing the social security rules and procedures for implementing national systems of social security laws for the insured persons (employees, the self-employed and their families), moving within the European Union. The EU legislature provides the rules of European social security law, which coordinate the different national social security schemes, in order not to deprive any person entitled to benefits of social security under the rule of any national legal system of social security entitlements to benefits, to protect the rights acquired and ensure that the insured persons applying for benefits from another Member State receive equal treatment with the nationals of that Member State and to prevent the accumulation of social security benefits because of this reason. European social security law governing therefore conflicts of law of national social security legislation, using the method of coordination as a technique which allows for the adaptation of separate legislation in social security relations, in which there are foreign elements. The legal standards used to coordinate the foreign social security systems of EU Member States do not differ from the standards used to regulate the substantive conflicts of labour enforced in various countries. In the case of coordination and conflict laws, the determinants used in the provisions of private international labour law suggest appropriate systems of substantive law that should be used by the parties in legal relationships involving a foreign element, and by bodies applying the law.