Modernisation of European Coordination of Sickness Benefits
DOI | 10.1177/138826270901100105 |
Date | 01 March 2009 |
Author | Franz Marhold |
Published date | 01 March 2009 |
Subject Matter | Article |
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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