1. Latest developments in EU legislation on social security coordination
MISSOC meeting Copenhagen, 24 May 2012

2. 2010 Commission proposal to modify Reg 883/2004 and 987/2009
First importance of proposal: legal basis for changing the rules.
First time that coordination rules changed after entry into force of Lisbon Treaty on 1 December 2009

3. Situation before Lisbon Treaty
Two legal bases:
Art 42 EC for employed persons and their dependents (family members and survivors): co-decision Council and Parliament. Unanimity in Council required
Art 308 EC for all other persons covered by Reg (self-emplpyed, students, non-active people). Council legislator. Unanimity in Council required

4. Situation under Lisbon Treaty
Art 48 TFEU: legal basis for employed and self-employed persons and their dependents. Ordinary legislative procedure: co-decision Council and Parliament and qualified majority in Council (with a brake system)
Art 21 (3) TFEU: competence for all EU citizens not covered by Art 48 TFEU. Council is legislator. Unanimity in Council required

5. 2010 Commission proposal based on Art 48 TFEU only
Court: dual legal basis is excluded if one Treaty provision requires ordinary legislative procedure, whereas the other requires Council to act unanimously. In that case: determnine appropriate legal basis in light of general scope of Treaty
Commission: Art 48 TFEU is adequate and sufficient legal basis

6. Why is Art 48 TFEU adequate and sufficient legal basis?
Overwhelming majority of EU citizens covered by Art 48 TFEU:
Wide meaning of "employed" and "self-employed"
Art 48 TFEU covers also retired "employed" and "self-employed"
Art 48 TFEU covers also family members and survivors of "employed" and "self-employed"
Khalil judgment (2001): inclusion of refugees and stateless persons ( a"very restricted category of persons") in scope of Reg based on Art 51 EC (=Art 48 TFEU) valid

7. Council and Parliament agree with Commission
2010 Commission proposal based on Art 48 TFEU adopted on 23 May 2012
Art 48 TFEU is adequate and sufficient legal basis for future social security coordination legislation

8. Changes in content in Reg 883/2004 and 987/2009
Applicable legislation: change of rules for working in two or more MS
Introduction of concept of "home base" for aircrew members
Solution for formerly self-employed frontier workers who were covered in MS of last activity but whose MS of residence does not have an unemployment scheme for self-employed (Art 65a)

9. Update EEA and Switzerland
EU/Swiss Joint Committee Decision 1/2012
O.J. L 103 of 13 April 2012
Reg 883/2004 and 987/2009 apply in relation to Switzerland since 1 April 2012
EEA Joint Committee Decision 76/2011
Adopted on 1 July 2011 (OJ L 262 of 6 October 2011)
Last notification of lifting constitutional requirements expected on 31 May, which means that Reg 883/2004 and 987/2009 apply in relation to IS, LI and NO from 1 June 2012

10. Thank you for your attention!