EU coordination of social security from the point of view of EU integration theory
| Author | Oxana Golynker |
| Published date | 01 June 2020 |
| Date | 01 June 2020 |
| DOI | 10.1177/1388262720938154 |
| Subject Matter | Articles |
Article
EU coordination of social
security from the point
of view of EU
integration theory
Oxana Golynker
Leicester Law School, University of Leicester, UK
Abstract
This article comprises a study of the negotiation of the Commission’s proposal for amending
Regulation (EC) No 883/2004 on the coordination of social security systems and Regulation (EC)
No 987/2009 in the context of EU integration theories. This analysis is used to argue that the
current integration stage in the coordination of social security is a complex phenomenon which
displays elements of intergovernmentalism, neo-functionalism and post-functionalism. The nego-
tiation process highlights the disagreements between the key players which may have important
consequences for the future of EU regulation in the area of coordination of social security. The
article concludes that the signs of intergovernmentalism are prevalent, as evident in the attention
the Commission has given to the concerns of the Member States, the negotiating position of the
Council, and the vote of the European Parliament which failed to approve the proposal at the first
reading. This prevalence has led to a pause in the reform of the coordination regulations and may
eventually lead to compromises that will weaken the progress of integration in the future. At the
same time, the article argues that the theory of post-functionalism is important in explaining the
phenomenon of Brexit with regard to the UK’s position in the negotiation of the Commission’s
proposal and its future relevance for UK and EU citizens affected by the UK’s departure from the
EU. The article concludes that disintegration along the lines of post-functionalism should not
prevent the reintegration of the UK into the EU coordination of social security schemes, but may
reinforce the prevalence of intergovernmentalism.
Keywords
EU coordination of social security, EU integration theory, revision of social security regulations,
free movement, social security benefits
Corresponding author:
Dr. Oxana Golynker, Leicester Law School, University of Leicester, Fielding Johnson Building, University Road, Leicester,
LE1 7RH, UK.
E-mail: oxana.golynker@leicester.ac.uk
European Journal of Social Security
2020, Vol. 22(2) 110–137
ªThe Author(s) 2020
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DOI: 10.1177/1388262720938154
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1. Introduction
EU citizens live in a single working-living space where they can move to live, work or retire in a
Member State other than their state of origin. EU integration and cross-border coordination of
social security are essential so that persons are not disadvantaged with regard to social security
entitlements when they move. The process of integration in the regulation of cross-border social
security is affected by the need to balance the rights of EU citizens; the objective of facilitating
labour mobility; and the legitimate interests of the Member States who have exclusive responsi-
bility for national social security systems. The rules that define this coordination are adopted at EU
level and are regularly updated to adapt them to the changing working and living conditions of EU
citizens.
In its resolution of 14 January 2014 on social protection for all, including self-employed
workers,
1
the European Parliament called on the Commission to review legislation and monitor
the implementation and coordination of social security systems in order to safeguard EU migrant
workers’ entitlement to benefits. The current revision of EU Regulations on the coordination of
social security schemes has been prompted by, among other factors, the need to guarantee a fair
sharing of social security costs between Member States.
On 13 December 2016, the European Commission submitted its proposal for amending Reg-
ulation (EC) No 883/2004 on the coordination of social security systems and Regulation (EC) No
987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004.
2
The revi-
sion sought to clarify the circumstances in which Member States can limit access to social benefits
claimed by economically inactive EU mobile EU citizens. It also sought to establish a coherent
regime for the coordination of long-term care benefits by introducing a separate chapter for their
coordination in Regulation (EC) No 883/2004 and by including a definition and a list of those
benefits, proposing new arrangements for the coordination of unemployment benefits in cross-
border cases, establishing new provisions for the coordination of family benefits, and clarifying the
conflict rules on applicable legislation and the relationship between the Regulations and Directive
96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the
posting of workers in the framework of the provision of services.
What does the current reform of coordination regulations mean for the integration process and
the future development of EU social securit y law? This article aims to apply theories of EU
integration to the coordination of social security with a particular focus on problems raised in the
course of the current revision of EU regulations on the coordination of social security schemes. The
objective of this the article is to analyse and explain the negotiation of the Commission’s proposal
for amending the regulations on coordination of social security systems from the perspective of EU
integration theories. While integration theory has been extensively discussed by EU law scholars,
particularly in the studies of the constitutional aspects of the EU,
3
the analysis of integration in the
area of social security does not immediately call for the application of grand theories. What can we
learn from integration theories that we could not discover by simply following the process of
reforming the coordination regulations? Integration in the area of social security is part of the
1. European Parliament resolution of 14 January 2014 on social protection for all (2013/2111(INI)) OJ [2016] C482/48.
2. COM(2016) 815 final.
3. See Curtin (1993: 17), Goebel (2013: 77), Maduro (2017), Majone (2017: 26), Mitrany (1965), Weatherill (2000: 18),
Weiler (1981), Weiler (1991), Weiler (2011: 678).
Golynker 111
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