Regulation 1231/2010 on the inclusion of third-country nationals in EU social security coordination
| Author | Rob Cornelissen |
| DOI | 10.1177/1388262718771784 |
| Published date | 01 June 2018 |
| Date | 01 June 2018 |
| Subject Matter | Articles |
Article
Regulation 1231/2010
on the inclusion of third-country
nationals in EU social security
coordination: Reach, limits
and challenges
Rob Cornelissen
Faculty of Law & Criminology, Vrije Universiteit Brussels (VUB), Belgium
Abstract
The EU regulations on the coordination of social security systems provide a high standard of
protection for people moving within the EU. For a long time, third-country national workers have
been excluded from this protection. This article shows that the explanation for this exclusion is to
be found in the legal basis of the EU regulations. This article also demonstrates how developments
in primary law in the last two decades have paved the way for the extension of the EU regulations
to third-country nationals. Regulation 1231/2010 offers third-country nationals, in the field of
social security, the same protection as EU citizens moving within the EU. However, this extension
is subject to two conditions. For this reason, a considerable number of third-country nationals
working in a Member State do not benefit from equal treatment as nationals of the host State. The
article clarifies why Regulation 1231/2010 does not apply in Norway, Iceland, Liechtenstein,
Switzerland and Denmark. Attention is paid to a number of challenges and open questions, such as
the special position of the UK and the relationship between Regulation 1231/2010 and bilateral
agreements concluded between a Member State and a third country.
Keywords
See scholar one
Introduction: Third-country nationals and social security coordination
It is not contested that the EU regulations on the coordination of social security systems provide a
very high standard of protection in the field of social security for people moving within the EU.
Corresponding author:
Rob Cornelissen, European Institute for Social Security, Leuven, Belgium.
E-mail: rob_cornelissen@hotmail.com
European Journal of Social Security
2018, Vol. 20(2) 86–99
ªThe Author(s) 2018
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DOI: 10.1177/1388262718771784
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