The EC-funded MoveS network (Free Movement and Social Security Coordination) organised a seminar in Oslo (Norway) on 12 November 2021.

The seminar was organised by MoveS in collaboration with its Norwegian national expert, Martin Andresen. MoveS is an EC-funded network of independent experts from 32 European countries coordinated by Eftheia and Deloitte.

In 2021, the EFTA Court has delivered advisory opinions on EEA Law in three cases. Those cases have been centered around free movement (or not-so-free movement) for persons receiving Social Security benefits, either sickness or unemployment benefits. The EFTA Court found that a requirement to stay in Norway was justified for unemployment benefits, but not for sickness benefits.

The opinions from the EFTA Court are in accordance with established EU /EEA Law. Whether a person is considered “unemployed” or “sick”, according to Regulation 883/2004 art. 3, means that different coordination regimes apply.  But both, some unemployed persons and some persons on long-term sickness leave, may need measures to enhance their employability. This might be vocational training, education, various forms of supported employment etc. Such measures are not coordinated at the Union level.

Furthermore, the rules on applicable legislation in Regulation 883/2004 Title II might pose some challenges for the coordination of certain measures, like supported employment in another MS. Some of these challenges may also be found for other benefits.

The seminar topics considered whether the lack of coordination for measures to enhance employment, but also for various “hybrid” benefits (partly receiving benefits, partly working) constitute obstacles for effective measures for increasing employability. The seminar was also an opportunity for further reflection on possible solutions and improvements without jeopardizing the citizen’s right to free movement.