Conclusion: Simplification, Modernisation and Regulation 883/2004
| Author | Frans Pennings |
| DOI | 10.1177/138826270901100112 |
| Published date | 01 March 2009 |
| Date | 01 March 2009 |
| Subject Matter | Article |
European Jour nal of Social Sec urity, Volume 11 (2009), Nos. 1–2 235
CONCLUSION:
SIMPLIFICATION, MODERNISATION
AND REGULATION 883/2004
F P*
1. GENERAL SUMMARY
e conclusion that the coordination regulat ions have so far had an important impact
on the social secu rity position of persons, that is, employed persons and self-employed
persons, moving within the European Union, is not exaggerated. e objective of
coordination laid down in Ar ticle 51, later Article 42, that measures should be taken
which are necessar y for free movement, appears to have been very important for the
development of the reg ulations. e Cour t of Justice constantly refers to this object ive
and uses it as a funda ment for its interpretations. e case law of the Cour t of Justice
has largely contributed to the impact of the coordi nation rules; the Court o en gave
provisions of the Regulation a broad inter pretation (or narrow, if necessary)1 in order
to promote free movement. In this respect there a re important di erences with other
coordination instruments, including bilateral treaties and the coordination treaties
of other international organisations, such as the ILO and Council of Europe, which
are interpreted by their supervisory bodies in a much more technical way. A second
important di erence with other coordination instruments is that the provisions of the
Regulations are bindi ng and overrule national law that is contrary to t hem; this e ect
is all the more strengthened by the existence of a Court supervising the regulation.
As Member States have always been reluctant to have their social security systems
a ected by international organisations, this strong enforcement system has been of
paramount import ance.
Several contributors to this double issue have referred to the impact of provisions
of the Treaty, including the one on European citizensh ip, which have already had an
important impact on the development of coordination law and which are expected
* Professor of Labour L aw and Social Sec urity at Utrecht Universit y, Professor of International S ocial
Security L aw at Tilburg University and Joi nt Editor of the Journal .
1 For instance of the mean ing of social assistance b ene t, which is excluded from the scop e of the
regulation.
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