The EU (non) co-ordination of minimum subsistence benefits: What went wrong and what ways forward?. Issue 2 (June 2020)

• Record Type: Journal Article
• Authors: Vonk, Gijsbert
• Other Names: Golynker Oxana guest-editor.
• Is Part Of: European journal of social security. Volume 22:Issue 2(2020)
• Page Start: 138
• Page End: 147
• Publication Date: 2020-06
• Subjects: Co-ordination of social security -- minimum subsistence benefits -- social assistance -- non-contributory benefits -- economically non-active citizens; Social security -- Europe -- Periodicals; Social security -- Law and legislation -- Europe -- Periodicals; Periodicals; Electronic journals; 362.9405
• DOI: 10.1177/1388262720928772
• Languages: English
• ISSNs: 2399-2948

Abstract

This contribution deals with the co-ordination of minimum subsistence benefits in EU law. It is argued that the distinction between social assistance schemes and non-contributory benefits in EU social security law is becoming increasingly redundant. This is recognised in the case law of the CJEU, although paradoxically not in a way that strengthens the rights of mobile citizens, but in an adverse manner that undermines the co-ordination efforts of non-contributory benefits under Regulation 883/2004. In order to overcome this problem, it is argued that social assistance should be included in the material scope of application of Regulation 883/2004. This regulation should abandon the concept of special non-contributory benefits and introduce a new category of minimum subsistence benefits, which would also include social assistance schemes. Such a change could be accompanied by a single, coherent principle to govern the relationship between the right to benefits (Regulation 883/2004) and residence rights (Directive 2004/38), if necessary supported by a cost sharing mechanism for minimum substance benefits under Regulation 883/2004 and, preferably, by a recognition of minimum protection standards for economically non-active EU citizens without a legal right of residence.