Modernisation of European Coordination of Sickness Benefits

DOI10.1177/138826270901100105
Date01 March 2009
AuthorFranz Marhold
Published date01 March 2009
Subject MatterArticle
European Jour nal of Social Sec urity, Volume 11 (2009), Nos. 1–2 119
MODERNISATION OF EUROPEAN
COORDINATION OF SICKNESS BENEFITS
F M *
Abstract
e coordination of sickness bene ts by the new Regulation 883/2004 has been
modernised to some extent, particularly in providing social protection for frontier
workers and members of their families and for pensioners.  e achievements of the
new regulations do not, however, go beyond what could have been reached by a
revision of Regulation 1408/71.
e rel ationships between cross-border cost reimbursement and patient mobility,
between Treaty rights based on the right to free movement of services and to
co or di n at io n o f s o ci al s ec ur i ty ar e s t il l u ns e tt l ed .  ey are even further complicated b y
the proposed Directive on the exercise of pat ient rights in cross-border healthcare.  e
relationship between care bene ts related to sickness and special non-contributory
bene ts needs further clari cation and is not comprehensively governed by the
regulation.
Keywords: Sickne ss bene ts; coordinat ion; patient mobility
1. INTRODUCTION
Paragraph 3 of the Preamble to Regulation 883/2004 states as a reason for a new
Regulation on the coordination of social security at a European level the multiple
amendments and updating of the existing Regulation 1408/71. By means of these
changes and updates, the legislator took into account developments at Community
level, including judgments of the Court, and amendments to the legislation at a
national level.  ese factors contributed to making the Community coordination
* Dr Franz Marhold is University Professor for Employment and Socia l Law at the Law Faculty of
Karl-Franz ens-University in Graz and Cha irman of the Institute for E mployment Law and Social
Law. Address: 8010 Graz, Uni versitätsstra ße 15/A2 and B2; tel: +43 316 380-3420/3421; e-mail:
christina.mellacher@uni-graz.at.

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