Your Social Security Rights when
moving within the European Union
A Practical Guide
| This publication is also available in the other
official languages: This publication was compiled by the Administrative Commission of the European Communities on Social Security for Migrant Workers (Secretariat: rue de la Loi 200, 1049 Brussels, Belgium) Luxembourg: Office for Official Publications of the European Communities, 1996 ISBN Reproduction in whole or in part of the contents of this publication is free, provided that the source is acknowledged. |
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Why this guide ? | |
The purpose of this guide is to provide you with easily understandable information about your rights and obligations in the field of social security. It describes the relevant Community provisions (Part I) as well as the national legislations (Part II available on demand). The information and references provided by this guide may be of use to you whenever you have to deal with the social security system of another Member State. This could be the case perhaps when exercising a professional activity abroad, taking up residence elsewhere in the European Union or simply during a temporary stay in another Member State. Consequently, we strongly recommend that, before moving to another country in the European Union, you familiarize yourself thoroughly with the appropriate chapters of this guide. By doing so, you will safeguard against losing part or all of your social security rights because of unfamiliarity with foreign legislation. Do bear in mind, however, that the guide gives only a general overview. It is not exhaustive and cannot be treated as an authoritative statement on any particular case. Do not hesitate, therefore, to contact the institutions listed in the guide for more detailed information. Brussels, September 1995
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Table of contents
The Community Provisions on Social Security |
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1. Why do we need Community provisions on social security? 2. Do these provisions apply to you? 3. In which countries can you rely on these provisions? 5. What is the content of the Community provisions on social security?
6. In a nutshell - your rights as a:
7. How do the Community provisions work in practice?
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1. | Why do we need Community Provisions on Social Security? |
Without Community provisions on social security, millions of European citizens would be without sufficient protection. Employed and self-employed persons, pensioners, students, tourists and other categories of persons exercising their right to move and to stay freely within the European Union, are confronted with various issues and problems concerning their social security. For example:
National social security laws may answer these questions either incompletely or not at all: many workers would be insured twice or not at all, acquired rights to social security benefits would be lost, whilst other rights would not be built up. Therefore, we need European provisions across the Union for efficient and complete protection: Only if it can be guaranteed that European citizens moving within the Union do not suffer disadvantages in the field of their social security, will they be unafraid to exercise their right to move and to stay. These provisions have existed for more than 30 years. They have been adapted, improved and extended many times. Today, they are contained in Regulations Nos 1408/71 and 574/72, most recently amended in 1995. The regulations offer practical and satisfactory solutions to most of the cross-border problems arising in the field of social security. As you will see, there are still some problems for which solutions have yet to be found. The services of the European Commission shall therefore continue to strive for further improvement of the Community provisions. Community social security provisions, just like national social security provisions, may at first sight seem to be difficult, technical and complex. However do not be discouraged: the basic principles are easy to understand, even for non-specialists. They are explained in this part of the guide. The following explanations are intended to give you a general overview. Nevertheless, in any particular case, you should consult the competent authorities or insurance institutions before taking decisions on your professional or private future on the basis of this guide.
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2. | Do these Provisions apply to you? |
At present, the Community provisions on social security do not yet apply to all persons moving or staying within the European Union and the European Economic Area. It is therefore important for you to know whether you are personally covered and protected by these provisions: only if this is the case, may you have recourse to them before national courts and institutions. The following persons ARE PROTECTED BY THE COMMUNITY PROVISIONS:
NOT PROTECTED BY THE COMMUNITY PROVISIONS are all persons not belonging to one of the categories mentioned above. These are, in particular:
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3. | In what countries can you rely on these Provisions? |
You can rely on the Community provisions on social security in all of the countries belonging to the European Union or to the European Economic Area. These are the following countries:
Please note: Wherever the terms "Country", "State" or "Member State" are used in this guide, they always refer to the above-mentioned countries. All other states are referred to as "third countries". In Part II of the guide you will find an overview of the social security systems of the countries belonging to the European Union and the countries belonging to the European Economic Area. In all other countries (so-called "third countries"), you cannot have recourse to the Community provisions on social security. However, in many cases, there are bilateral social security agreements between your home-country and these states, offering similar protection. You can get more detailed information from the social security institutions in your own country.
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4. | Which matters are covered? |
The Community provisions on social security apply to all national legislations with regard to:
It does not matter whether or not these benefits are financed by contributions, nor whether they are paid by employers, social insurance institutions or by the public administration: you may always have recourse to the Community provisions when they are necessary for your entitlement to benefit. The Community provisions do not apply, however, to the following matters:
In some cases, it may perhaps be difficult to determine whether or not a particular benefit is covered by the Community provisions. Do not hesitate to contact the appropriate institution to find out for certain.
The Community provisions apply to social security matters but not to taxation matters: therefore, the taxation agreements concluded between the various Member States are decisive in determining the country in which your income is taxed. Please ask the tax office in your own country for information on your particular case.
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5. | What is the content of the Community Provisions on Social Security? |
| The Community provisions on social security do not replace the different national social security systems by a single European system. Such a harmonisation would not be possible because of the wide divergence in the standards of living which exists between the 18 states belonging to the European Union and to the European Economic Area. Moreover, even those states with similar standards of living have different social security systems which are the result of long-standing traditions deeply rooted in national culture and preferences: There is no need to replace the national systems which are widely accepted and appreciated by the populations of the various Member States with one common system, when the necessary protection can be efficiently ensured by other means. Instead of harmonizing the national social security systems, the Community provisions on social security provide for a simple coordination of these systems. In other words, every Member State is free to decide who is to be insured under its legislation; which benefits are granted and under what conditions; how these benefits are calculated and how many contributions should be paid. The Community provisions establish common rules and principles which have to be observed by all national authorities, social security institutions, courts and tribunals when applying national laws. By doing so, they ensure that the application of the different national legislations does not adversely affect persons exercising their right to move and to stay within the European Union and the European Economic Area. In simple terms, a person who has exercised his or her right to move within the Union may not be placed in a worse position than a person who has always resided and worked in one single Member State. This requires solutions to the following problems in particular:
The above-mentioned principles are good examples of the aims and content of the Community provisions on social security. They neither introduce new types of benefits nor do they abolish national legislation. Their only purpose is to protect European citizens working, residing or staying in another Member State.
Before you take up employment abroad, you should know in which country you will be insured. In other words, which Member State's social security legislation will apply to you? This is most important not only for the payment of social security contributions, but also for your entitlement to benefits and the acquisition of future pension rights. The Community provisions on social security provide detailed rules which will determine in every single case which country's national legislation is applicable. The basic principles are simple; they are explained below. Remember: The Community provisions do not apply to taxation matters; the following explanations, therefore, refer exclusively to the applicable legislation in the field of social security.
As a rule, the social security legislation of the country in which you are insured, entitles you to have the same rights and obligations as nationals of that country. This means, in particular, that your claim for benefit may not be rejected for the sole reason that you are not a national of that state: You may always rely on the principle of equality of treatment. As the European Court of Justice has decided, this applies not only to forms of "direct" discrimination but also to all forms of hidden ("indirect") discrimination where, in theory, a provision of national legislation applies equally to nationals and foreigners, but, in practice, is found to be disadvantageous for foreigners. Important: It may be difficult for you to distinguish whether or not a given provision can be considered as hidden discrimination. Do not hesitate, therefore, to ask for more information whenever you feel discriminated against by such a rule. In many cases, the principle of equality of treatment is not sufficient to protect migrant workers if they or the members of their families reside outside the state under whose legislation they are insured, or if the worker concerned has a "broken" insurance record completed under the legislations of two or more states. There are special provisions for cases such as these, which are dealt with in Chapters 5.3. to 5.9. According to the Community provisions on social security, you have the same entitlement as the nationals of the state in which you are insured to elect members of the bodies of social security institutions or to participate in their nomination. Whether you are also eligible to be a member of those bodies depends, however, on national legislation. Finally, you should not forget your obligations under the legislation of the state in which you are insured. This applies in the first place to the obligation to pay social insurance contributions, but also to all other obligations to which the nationals of that state are subject.
The Community provisions on social security contain a detailed chapter on sickness and maternity benefits with special rules for workers, unemployed persons, pensioners, and members of their families residing or staying abroad. They offer important and adequate protection not only to migrant workers and the members of their families but to all persons to whom these provisions apply, in particular to millions of tourists spending their holidays abroad. The following explanations are intended to give you an overview of your rights to these benefits as well as practical tips on what you should do to get them:
Whenever the completion of a waiting period is required before you become entitled to benefits, the competent institution is obliged to take account of periods of insurance, residence or employment completed under the legislations of other countries. This is a guarantee that you will not lose your sickness insurance coverage when changing employment and moving to another state.
Sickness and maternity benefits are different in each of the states to which the Community provisions on social security apply. There are two major categories of benefits which exist, however, in all countries belonging to the European Union or the European Economic Area: benefits in cash and benefits in kind. Sickness benefits in cash are benefits normally intended to replace income (wages, salaries) which is lost because of sickness. In some countries, national legislation provides that wages will continue to be paid for a number of days or weeks after the commencement of the incapacity for work; according to the case-law of the European Court of Justice, these payments are also considered as sickness benefits in cash. As a general rule, sickness benefits in cash are always paid according to the legislation of the country where you are insured, regardless of which country you reside or stay in. This applies to all categories of persons and to all situations: frontier workers, seasonal workers, posted workers, pensioners or family members. The amount and duration of the benefit depend entirely on the legislation of the state where you are insured, and the cash-benefits will normally by paid directly to you by the institution with which you are insured.
Benefits in kind comprise medical and dental care, medicines and hospitalization as well as direct payments intended to reimburse the costs of these. As a general rule, sickness benefits in kind are provided according to the legislation of the country where you reside or stay as if you were insured in that country. This may or may not be to your advantage in comparison with the legislation of the country where you are actually insured. The reason for this rule is easy to understand: the doctors and institutions concerned cannot possibly know the details of the legislations of 18 different countries; therefore, they always apply the legislation of their own country, even if the person concerned is insured in another country. However, the mere fact that benefits in kind are provided according to the legislation of the state of residence or stay does not mean that persons covered by the Community provisions on social security can expect to receive these benefits in all the countries concerned without any restrictions or limitations. It is therefore important to know the concrete conditions applying to the different situations and categories of persons for the entitlement to sickness benefits in kind:
If you reside in the country in which you are insured, it goes without saying that you are entitled to all benefits in kind provided under the legislation of that country. These benefits are provided by the sickness insurance institution of your place of residence under the same conditions as for all other persons insured in that country.
If you reside in a different country from the one in which you are insured, you are entitled to all benefits in kind provided under the legislation of the country where you reside, even if these benefits are favourable to a greater or lesser degree than the benefits in the country where you are insured. The benefits are provided by the sickness insurance institution of your place of residence as if you were insured with it. This applies to all categories of persons covered by the Community provisions on social security (employed and self-employed persons, unemployed persons, pensioners and members of the families of these persons), regardless of their country of residence. Normally, the sickness insurance institution of the place of residence is reimbursed by the sickness insurance institution with which you are insured. In all cases, the precondition to entitlement to benefits is that you would be entitled to benefits in kind in the country where you are insured if you resided there. This is of particular importance for pensioners drawing pensions from different countries: they are entitled to sickness benefits in kind in the country where they live, if they would be entitled to benefits in one of the countries from which they draw a pension if they lived there.
If you stay temporarily in a different country from the one in which where you are insured, you will be entitled to all immediately necessary benefits in kind. It does not matter if you stay abroad as a tourist, posted worker or pensioner, visit relatives or are on a business-trip. "Immediately necessary benefits" means all urgent medical treatment which is necessary with regard to your state of health (accidents, sudden illness, etc.). Pensioners are in a slightly 'better' position: they are entitled to all benefits in kind which become necessary during a temporary stay abroad. In other words, you will always get the treatment you really need, even very expensive treatment in hospitals (for example: intensive care after a heart attack). On the other hand, you are not automatically entitled to benefits which are not immediately necessary: only in exceptional cases and under strict conditions, are you entitled to move to another country in order to get treatment there. These conditions are explained below.
If you move to another country in order to undergo treatment there, the costs will be covered by your sickness insurance institution only if you received permission from it beforehand. Normally, it is up to the sickness insurance institution to decide whether or not it will give approval. However, in cases where the treatment in question is among the benefits provided for by the legislation of your country but not available within the time normally necessary with regard to your current state of health, the required permission may not be refused.
Residence outside the country where you are insured: If you reside in a different country from the one in which you are insured, you should register with the sickness insurance institution of your place of residence. You will need the following forms which are issued by the sickness insurance institution with which you are insured:
In some cases, the form is sent directly to the sickness insurance institution of your place of residence; please contact the institution about this.
Before you leave the country where you are insured, you should obtain the forms needed to receive immediately necessary treatment. Otherwise, you will have to pay for the treatment and be reimbursed only after you return to the country where you are insured. You need the following forms:
Note: The explanations given in this chapter apply equally to maternity benefits in cash or in kind.
The Community provisions on benefits in respect of accidents at work or occupational diseases are relatively simple and easy to understand. In many ways they can be compared with the relevant provisions on sickness benefits: - BENEFITS IN KIND - If you suffer from an accident at work or an occupational disease, you are in all cases entitled to benefits in kind according to the legislation of the country in which you reside. If you reside in a different country from the one in which you are insured, the institution in the state of residence will provide you with benefits in kind according to the legislation of that country and will be reimbursed by the competent institution of the latter country for all benefits it provides to you. As in the case of sickness benefits, this solution is justified because the doctors in the country where you reside cannot possibly know the details of each of the 18 different legislations under which you could be insured. If you are a frontier worker, you can opt to get benefits in kind in the country in which you are insured instead of in the country where you reside. There are special provisions with regard to benefits in kind provided during a temporary stay in a different state from the one in which you reside and the transfer of residence to such a state.
Cash benefits are always paid according to the legislation of the state in which you were insured at the moment when the accident at work or the occupational disease occurred, regardless of where you reside or stay. They are normally paid out directly by the institution of that state; it can, however, agree with the institutions of the state of residence or stay that the cash benefit will be paid out by them (this in no way changes the amount of the benefit). If the calculation of the cash benefits is based on average earnings, only earnings which have been paid since you became insured under the legislation of the state which pays your benefit will be taken into account. The same applies if the calculation is based on standard earnings. If the amount of the cash benefit depends on the number of members in your family, account will be taken also of family members residing in another Member State.
If you suffer from an accident while travelling outside the territory of the state in which you are insured, this will not prevent you from being entitled to benefit.
The invalidity schemes of the 18 countries belonging to the European Union and to the European Economic Area differ considerably. Nevertheless, two major types can be distinguished:
This divergence between the national invalidity insurance schemes makes European coordination in this field difficult and not always easy to understand. But as for other categories of benefits, the aim of the Community provisions is simple: On becoming an invalid, a migrant worker may not find himself in a position inferior to that of a person who has always lived and worked in one single country. The following explanations cover the most frequent problems which a migrant worker may be confronted with on becoming an invalid.
If you have been insured in one single country, the amount of your invalidity pension will be calculated in accordance with the legislation of that country; you are entitled to the same treatment as nationals of that country.
If you have been insured in several countries before becoming an invalid, there are several different possibilities:
The determination of the degree of invalidity is a potential problem for persons who have been insured in more than one country. These decisions are made by the national institutions of each state where a person was insured, according to its own national legislation. Only in a few special cases is the decision of one institution binding on the institutions of all the other states involved. The fact that the criteria for determining the degree of invalidity which are laid down in national legislations differ widely can have potentially severe consequences because in most cases, the amount of pension depends on the degree of invalidity.
The situations described above are a result of the fact that the national social security systems are not harmonized, but only coordinated by the Community provisions. Nevertheless, it would be in the interest of all migrant workers if some progress could be made in the mutual recognition of decisions on the degree of invalidity. So far, all attempts in this respect have failed.
Old-age pensions are among the most important social security benefits. It is therefore natural that persons intending to take up their professional activities abroad want to have a clear idea about the consequences for their future pension rights before taking a definitive decision. In particular, they want to know:
Only if they can be reassured that the Community provisions on social security provide satisfactory answers to these questions, will they be ready to exercise their right to freedom of movement across Europe. In theory, different solutions are conceivable: the pension could be paid either by the state where a person was insured immediately before reaching pensionable age or by the state where he has the longest insurance record; the contributions paid in one country could be transferred to the country where the professional activity is continued or could be paid out to the person who leaves the country in order to work elsewhere. None of these possible solutions have been provided by the Community provisions on social security. Instead, the following principles apply to a person who stops working in one country and continues his activities in another:
This solution guarantees that nobody will be disadvantaged by having worked in several countries: no contribution will be lost, acquired rights are protected, and every country will pay a pension corresponding to the insurance periods completed there. The result is not just in the interest of migrant workers but is also in the interest of the Member States because every country pays neither more nor less than the pension which has been "earned" by the contributions of the worker. From the following examples, you will see how the calculation and the payment of pensions work in practice.
In this case, the amount of your pension will be calculated in accordance with the legislation of that country in exactly the same way as for its own nationals. It does not matter whether or not you reside in that country when you reach pensionable age.
You will get a pension from every state where you were insured for at least one year. These pensions will correspond to the insurance periods completed in each of the states concerned.
A. Pensions for widows and widowers
In times of high unemployment rates in many countries, the Community provisions on unemployment insurance become particularly important. Compared with the provisions for other categories of benefits, they are relatively restrictive and less generous. It is therefore strongly recommended that you read the following sections very carefully; they could help you to avoid problems and safeguard against losing your entitlement to unemployment benefits. - BASIC RULES -
Important: In contrast to other benefits, this applies only if you completed such periods under the legislation of the country in which the benefits are claimed immediately before becoming unemployed. In other words, it is not possible to claim unemployment benefit in a country where you were not insured immediately before you became unemployed.
It might happen that you want to look for work in a different country from the one in which you were last employed. The question then is:
you will retain the right to unemployment benefits. Unlike other benefits (old-age, invalidity, survivor's pensions, for example), unemployment benefits are not paid regardless of the country in which you reside or stay. They are paid only whilst you are looking for work in another state and under restrictive conditions and for a limited period of time:
Important: Many unemployed persons lose their entitlement to benefits because of unfamiliarity with the conditions set out above. They leave the country where they were last employed without having registered with its employment services; they register too late with the employment services of the state where they are looking for work or they return after the expiry of the three-month period. You should, therefore, contact the employment services of the state which pays your unemployment benefit before leaving the country. This institution will provide you with form E 303 which you must present to the services of the country where you are looking for work in order to get your benefit paid within a reasonable time.
Family benefits exist under the legislation of all Member States, but their characteristics and amounts vary considerably from one country to another. It is therefore important for you to know from which country you can get these benefits and what the conditions to entitlement are.
If the basic principle is clear, its application in practice depends on the circumstances of the particular case: do not hesitate to contact your institution for more details.
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6. | In a nutshell - your rights as a: |
6.1. Frontier worker A frontier worker is an employed or self-employed person who pursues his occupation in a different Member State from the one in which he resides and to which he returns at least once a week. As a frontier worker you are protected by the European provisions on social security in the same way as all the other categories of persons to whom these provisions apply. For example,
There are, however, some special rules in relation to sickness benefits and unemployment benefits:
A seasonal worker is a person who, for a period which may on no account exceed eight months, does work of a seasonal nature in a country other than the one in which he resides. As a seasonal worker, you derive the same rights and obligations from the Community provisions on social security as do all the other categories of workers. In particular, you are insured in the country where you are employed during the season concerned. There are special rules only with regard to unemployment benefits:
A posted worker is a person who is normally employed in one country but temporarily sent to another country to work there for his undertaking. The maximum period for posting is 12 months; in exceptional cases it can be extended up to 24 months. As a posted worker you remain insured in the country where you are normally employed. This means that you continue paying contributions to the social security system of that country and you continue acquiring new rights to benefits there.
Before leaving the country where you are normally employed, you should apply for forms E 101 and E 111. You need these forms to prove that you have been posted and also to prove your entitlement to necessary health-care benefits.
As a pensioner (i.e. receiving old-age, invalidity or survivor's pension) you are offered considerable protection by the Community provisions on social security. Important: This applies not only to former migrant workers but to all nationals of a Member State who are entitled to a pension under a legal pension scheme. Therefore, even if you never left your country during your professional career, you can rely on the Community provisions when you are a pensioner and you are residing or staying in another country. In a nutshell, these are your rights: - PENSIONS -
An increasing number of young people choose to follow part or all of their studies in another country. Among the problems which they often face (besides language problems, recognition of diplomas, accommodation, etc.), access to health-care and sickness benefits is certainly not the least important. The Community provisions on social security offer practical solutions:
Important: As a student staying or residing in another country, you are not automatically protected by the Community provisions on social security. At present, you can rely on these provisions only if you are insured with a sickness insurance institution for workers or if you enjoy sickness-coverage as a member of the family (of an employed or self-employed person or of a pensioner). Please ask your sickness insurance institution if these conditions are fulfilled in your case.
Every year, millions of tourists travel across Europe to spend their holidays abroad. In the case of sudden sickness or accident, they need access to health-care and sickness benefits in the country where they stay:
As has been pointed out in Chapter 2 above, persons who are neither employed nor self-employed or are not drawing pensions as former workers - so-called non-active persons - are as such not yet covered by the Community provisions on social security. There is, however, an exception to this rule: non-active persons who are insured in a Member State have the right to immediately necessary health-care benefits during a temporary stay in another Member State. In some cases, they enjoy limited protection as members of the family of an employed or self-employed person or of a pensioner. In all other cases, they cannot rely on the Community provisions when staying or residing abroad. In some cases, their own private insurance may offer some protection even in foreign countries. Do not hesitate to contact your insurance institution for more information.
As has already been mentioned, the protection offered by the Community provisions on social security is restricted to nationals of the Member States (see Chapter 2 above). So-called "third-country nationals" (i.e. nationals of countries not belonging to the European Union or the European Economic Area) are, as a rule, not covered by these provisions. Important exception: Members of the family of a person to whom the Community provisions apply are always covered, regardless of their nationality. In many cases, there are bilateral social security conventions between Member States and so-called "third states" offering some limited protection. There are also a few social security provisions in some of the agreements concluded between the Community and third states (For example: Morocco, Algeria, Tunisia, Turkey, Poland, Hungary). If you are a third-country national (and you are not covered by the Community provisions as a member of the family of a person to whom the Community provisions apply), you should, therefore, in any case contact the institutions of your place of residence or stay to get more information on your particular case.
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7. | How do the Community Provisions work in practice? |
Chapters 1 to 6 deal with the purpose, the principles and the content of the Community provisions on social security. This chapter provides you with some general information on how the provisions work in practice so that you will be able to claim your rights under these provisions.
The Community provisions on social security are among the most established rules within the European Union. As "regulations", they have general legal force and apply directly in all Member States. In other words, these provisions are binding upon everyone and have to be observed by national authorities and administrations, social security institutions and courts. Even in cases where provisions of national law are in conflict with Community rules, the latter have priority.
In 99% of all cases the Community provisions on social security are duly observed and applied. In a few cases, however, problems arise because national institutions interpret them incorrectly or consider a particular benefit to be outside their scope. In such a case, do not worry: you are entitled to have direct recourse to the relevant Community provisions before all competent authorities and tribunals if these provisions are applicable to your case.
Forms and official procedures are often felt to be troublesome and annoying. In dealing with foreign social security institutions, they are, however, indispensable and can help you to successfully claim your rights within a reasonable space of time. At national level, in your own country, you would also have to fill in forms and observe certain procedures when claiming social security benefits. When foreign institutions are involved, such formalities are particularly important: the foreign institution has to know, for example, in which country you are insured, whether or not you satisfy the conditions for entitlement to benefits under the legislation of this country and which institution will reimburse it when it provides benefits to you or to the members of your family. It would be extremely time-consuming and complicated if in every particular case the foreign institution concerned had to:
before being able to take any decision on the case. Such lengthy and cumbersome procedures can be avoided by using special FORMS destined to ensure rapid and efficient cross-border communication between the social security institutions to which the Community provisions apply. These forms contain all the information which is necessary to determine your benefits and to prove your entitlement. Before leaving your country, you should therefore always ask the competent institutions to provide you with the appropriate forms (e.g. as a tourist, you should have a form E 111 which entitles you to health-care benefits in the event of accident or sudden illness). When arriving in another country, the institutions of the place of residence or stay, to which you present the forms, will then be able to deal with your case without delay. These are the most important forms:
The different forms are not only indispensable to cooperation between the social insurance institutions involved; in addition, they often provide you with useful information on the reverse side (e.g.: names and addresses of institutions in another Member State). Of course, if you forget to ask for the appropriate forms before leaving your country this will not prevent you from claiming benefits: the institution of another Member State will then obtain the necessary forms directly from the competent institution of your own country. Please note, however, that this might cause a considerably delay in the decision on your claim. Sometimes, persons who are dealing with the social security systems of several Member States (e.g.: posted workers, frontier workers, seasonal workers) will not be able to submit a claim within a specified period to an authority, institution or tribunal of a certain Member State. This could lead to partial or total loss of entitlement to benefit under the national laws of that state. In order to avoid such undesirable consequences, the Community provisions on social security ensure that your claim shall nevertheless be admissible if you submit it within the same period to a corresponding authority, institution or tribunal of another Member State (where you stay or reside, for example). Your claim will then be forwarded without delay to the competent state. Persons who were employed or self-employed in several Member States are confronted with the problem of ascertaining the country to whose institution they should submit their applications for invalidity or old-age pensions. As a rule, they can always submit it to the institution of the Member State where they reside, even if the person concerned was never insured in this state. The institution of the state of residence will forward the application to the competent institution and the date on which the application was originally submitted shall be regarded as the date on which it was submitted to the correct institution. This solution is in the interest of the person concerned because normally it is the easiest and most convenient way to submit a claim in the state of residence. A claim for invalidity benefits can also be submitted in the state where the invalidity occurred whilst the claim for an old-age pension can also be submitted to the institution of the state where the person concerned was last insured, if he was not insured in the state of residence. The above-mentioned forms and procedures are intended to facilitate cross-border dealings between social security institutions of several Member States. They can help you to get benefits within a reasonable time and can help you to respect deadlines for the submission of applications. Please note, however, that such deadlines and other formalities which have to be observed when claiming benefits depend on the provisions of national law and will therefore differ according to the country concerned. Do not hesitate, therefore, to ask the appropriate institutions in time for detailed information on what you have to do to get your benefits.
Whenever you work, reside or stay in a foreign country, foreign languages may present a problem, especially where difficult terms in the field of social security are concerned. Unfamiliarity with foreign languages can easily give rise to misunderstandings and could therefore be a handicap when claiming benefits, in observing deadlines and in lodging appeals. For this reason, the Community rules on social security provide explicit provisions which can help you to avoid and to overcome language problems in your dealings with foreign institutions. The different forms you will get when moving to another state (see Chapter 7.2. above) should be available in all official languages of the European Union and the European Economic Area:
Whenever you present a form to a foreign institution, it can compare it with a model-form in its own language so that there are no language problems in understanding the contents of the form. Therefore, do not worry about presenting your forms to foreign institutions: they will know what to do with them!
Language problems as such are in no way an insurmountable obstacle when claiming your social security rights while moving within the European Union or the European Economic Area. Nevertheless, being able to speak a foreign language will always be an advantage and a personal enrichment.
When confronted by foreign social security laws and regulations, difficult forms and unknown terms, you should not hesitate to ask the competent institution of the place where you work, reside or stay for help and information. As a rule, these institutions are prepared and willing to provide guidance, even in difficult cases. Sometimes, it may be appropriate to consult a special liaison body which has specific experience in dealing with cross-border social security matters. The addresses of the relevant institutions can be found on the back of the appropriate form or in the description of the national social security schemes in Part II of this guide. In particular, you can get information on procedures and deadlines to be observed, as well as on remedies and appeals under national law. Whenever you doubt whether any information delivered by a national institution is correct and is in accordance with the Community provisions on social security, you should first contact the institution concerned so that it can recheck it. This also applies to formal decisions on the entitlement to benefits, but do not forget the deadlines for formal appeals.
There can be many reasons for bringing a case to court:
It's your right to rely on the methods of appeal provided by national legislation in these or similar situations whenever you think a particular decision might be wholly or partially wrong. The court procedures differ according to each Member State; you'll find more detailed information on this in some of the descriptions of the national social security systems (Part II of this guide). Normally, a precondition for bringing a case to court is that all appeals before the social security institutions have been exhausted. If this has not been done, you will probably lose the right to appeal to court. The same applies if you wait too long after the final decision was taken by the institution competent to deal with your appeal. Because of the complexity of the matter, it might be advisable to ask a lawyer to defend your interests in a court case. Please note, however, that this could become expensive if your appeal is rejected. We recommend, therefore, that you contact first - if possible - legal advisors who, in many cases, are specially employed by trade unions or migrant workers' organisations. These specialists can tell you exactly what you have to do, what the chances are of winning your case and what you will have to pay if you do not win.
Since the Community provisions on social security were adopted, the European Court of Justice has delivered more than 300 judgments on their interpretation, most of them in favour of migrant workers and the members of their families. This number clearly demonstrates the importance of the European Court for the protection of European citizens. Its role is essential when doubts arise about the scope and the range of the Community provisions, their application to individual cases and their interpretation with regard to national law. It is therefore no exaggeration to state that without the case-law of the European Court of Justice, the protection offered by the Community provisions on social security would be less efficient, less complete and less satisfactory. The Court of Justice is the legal guardian of European citizens exercising their right to move and to stay within Europe. Given this important role of the European Court, you should know what to do to get the Court involved in the decision on your case:
In most cases, it will not even be necessary to present a particular case to the European Court of Justice because existing case-law is sufficiently clear to permit a decision to be taken on your case. It is therefore important that lawyers, legal advisors and national courts have a good knowledge of this case-law.
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8. | Further questions? |
The aim of the different chapters of Part I of this guide is to give you a general idea of how European citizens exercising their right to freedom of movement are protected by the Community provisions on social security. The information provided may help you to determine whether your own case is covered by the Community provisions and what your rights and obligations under these provisions might be. As has already been mentioned at the beginning of this guide, it is not possible, however, to explain the Community provisions in detail and to give clear advice on particular cases. You may, therefore, have a number of doubts and questions after reading this guide. If so, we strongly recommend that you contact the institutions and bodies at local, regional or national level in order to get more information. If, however, you are still unsatisfied with the results of your inquiries, feel free to contact the European Commission about your case. Whenever it is possible, we will answer your questions, contact the competent institutions and try to help you to claim your rights. Given the enormous number of individual cases presented every year, you will understand, however, that it may take some time before we are in a position to reply to your letter. Our address is:
European Commission
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