“The coordination of social security between Member States has been the most important development to date in social policy at European level. Its success has been remarkable, but its implementation has hardly been noticeable. Pensions have been “exported” for decades, tourists travelling between Member States have received medical treatment and proportional pensions are paid to those who have spent their working lives in more than one Member State. Such benefits of coordinating the EU`s social security are self-evident today. Footnote 25 The Healthcare (European Economic Area and Switzerland Arrangements) Act 2019 provides for the power to implement new bilateral agreements with Member States from 29 March 2019. “The Minister needs to clarify how the government will attempt to reach a new agreement with the EU or some Member States on the coordination of social security in order to replace all or part of the content of existing regulations when the UK is no longer a member.” Footnote 4 Draft agreement on the withdrawal of the United Kingdom from Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, as agreed at the negotiating level on 14 November 2018. “In order to achieve the objective of guaranteeing the social security rights of those concerned, Member States should continue to apply the principles of equal treatment, assimilation and aggregation of the Union, as set out in this Regulation, in accordance with the principles of equal treatment, assimilation and eu aggregation, established before the UK`s withdrawal from the Eu. Footnote 72 The information on the UK bilateral agreements presented in this paragraph was provided by Derek Coulthard on 21.02.2017. This article examines the process of obtaining a new regime, including the agreements reached in the Withdrawal Agreement With the coordination of social security and health care rights for people who exercised their right to free movement between the UK and the EU-27 at the time of the UK`s withdrawal, and with future coordination scenarios, including in the case of a “No Deal” Brexit. The analysis is part of a longitudinal study of Note 6, based on a review of the iterations of the proposed withdrawal agreement. Note 8 of senior politicians who participated in the Brexit negotiations in five EU Member States between July 2017 and July 2019 – Austria (2017, Finland (2017, 2019), Poland (2019), Spain (2017) and the Uk (2018). The selection of countries is specific on the basis of stocks and migration flows, footnote 9 and social security systems. Footnote 10 The article specifies that the persons and benefits that are included in the social security coordination under the withdrawal agreement are in line with those of the current coordination regulations, that the eligibility process is made more difficult by the interface between the past and the future and that future provisions may not provide full coverage and legal certainty to persons who have already exercised their right to free movement or who may, in the future, change from one country to another.
This article contributes to the literature on EU legislation and policy on social security and health coordination, policy development and governance, as well as the UK and EU negotiating paths. Regulation (EC) 883/2004 of the European Parliament and the Council of 29 April 2004 on the coordination of social security systems; JO L 347 of 31. JO L 166, 30.4.2004. Eichenhofer, E.: How can social security coordination be simplified? eur. J. Soc. It`s a good one.