Economic and Social Challenges of Member and Accession States: Social Security in the Europe Agreements
| Author | Elspeth Guild |
| Published date | 01 March 2003 |
| Date | 01 March 2003 |
| DOI | 10.1177/138826270300500104 |
| Subject Matter | Article |
ECONOMIC AND SOCIAL CHALLENGES
OF MEMBER AND ACCESSION STATES:
SOCIAL SECURITY IN THE
EUROPE AGREEMENTS*
Elspeth Guild**
Abstract
Since the December 2002 European Union Council Meeting in Copenhagen, most
of the Central and Eastern European countries (CEECs) are now virtually
guaranteed accession to the European Union on 1 May 2004. As interest now
turns to the terms of accession and the single accession treaty, the history of the
Europe Agreements with these countries and the continuing interest in them has
been eclipsed somewhat. This, however, does not mean that they lack importance or
relevance. Indeed, the agreements and their provisions on workers and social rights
will continue to regulate the position of nationals of the CEECs until accession. For
Bulgarians and Romanians who have been left out of the first round of accession,
the agreements will continue to have important consequences for their access to
benefits.
1. THE PROVISIONS OF THE ACCESSION TREATY AND SOCIAL
SECURITY
After the date of accession to the European Union, set for 1 May 2004,
nationals of the Czech Republic, Estonia, Hungary, Latvia, Lithuania,
Poland and Slovenia will be covered immediately by the EC rules on social
security. Regulation 1408/71 will apply to them. Of course, according to the
accession treaty, national immigration law in the existing Member States will
continue to regulate access to the territory and employment for nationals of
the accession countries for a minimum of two years. By paragraph 2 of the
accession treaty this can be extended to five years. In exceptional
circumstances, after the five years and only if a Member States considers
European Journal of Social Security, Volume 5 (2003), No. 1 55
* This article is based on Guild (2002).
** Professor of European Immigration Law, University of Nijmegen, Postbus 9049, 6500 KK
Nijmegen, The Netherlands; and Partner, Kingsley Napley, London, UK; e-mail:
elspeth@conflits.org
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