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Free movement in the EU

Basic information about the rights and obligations of persons moving freely following from EU regulations

Member States

European states that have accessed the application of the European social security legislation are considered Member States in the area of social security. They are:

  • all states that were members of the EU until 30. 4. 2004 - (Germany, France, Belgium, Netherlands, Luxembourg, Italy, Ireland, United Kingdom, Denmark, Greece, Spain, Portugal, Finland, Austria, Sweden),
  • EU Member States from 1. 5. 2004 - (Czech Republic, Poland, Hungary, Slovakia, Slovenia, Lithuania, Latvia, Estonia, Malta, Cyprus), from 1. 1. 2007 - (Romania and Bulgaria) and from 1. 7. 2013 - (Republic of Croatia),
  • countries of the European Free Trade Association (EFTA) - (Norway, Iceland and Liechtenstein) (European Economic Area - EEA = EU + EFTA),
  • Switzerland,
  • as of February 1, 2020, the United Kingdom of Great Britain and Northern Ireland left the EU.

Coordination of social security systems - coordination regulations, common rules and principles

The EU legislation that enables and supports the free movement of persons is directly related to the social security system and its coordination. The aim of EU coordination regulations is to ensure that the application of different national social security systems does not negatively affect persons exercising their right to free movement. For that reason, these coordination regulations establish certain common rules and principles, which are:

  • the principle of equal treatment, which guarantees that a person residing in the territory of an EU Member State must have the same rights and the same obligations as citizens of that Member state without any signs of discrimination,
  • the principle of aggregation of insurance periods – retention of rights during acquisition, which means that the periods of insurance, employment or residence, achieved under the legislation of one Member State, are taken into account if necessary to acquire the right to benefits under the legislation of another Member State,
  • the principle of exportability of benefits, according to which benefits received under the legislation of a Member State are paid to the recipient even if s/he resides in another Member State,
  • the principle of the applicability of one legislation, which means protection against the payment of social security contributions in several Member States and the determination of the Member State whose legislation will be applied; in principle, the legislation of only one Member State can be used so that a person is not subject to the legislation of two or more Member States at the same time.

On May 1, 2010, new coordination regulations (EC) of the European Parliament and the Council No. 883/2004 on coordination of social security systems and implementing regulation no. 987/2009, which apply to all Member States of the European Union. The effectiveness of the new coordination regulations was extended for Switzerland from April 1, 2012, and for the States forming the European Economic Area (Iceland, Norway, Liechtenstein) from June 1, 2012.

It is essential for a person who wants to use the right to free movement within the EU to have information about their rights and obligations in the field of social security systems in those EU Member States where they want to work or stay. It is also necessary to become familiar with the rights and obligations of freely moving persons due to the differences in the social security systems of individual EU Member States.

More information: EU social security coordination - Employment, Social Affairs & Inclusion (europa.eu)

European forms, portable documents and standardized electronic documents

Communication between individual relevant institutions of the Member States is carried out through a system of European forms, through portable documents (Forms (SK)) and standardized electronic documents (SED), which are necessary to determine entitlement to benefits, indicate the number and type of insurance periods, notify the degree of incapacity for work, report amounts of benefits paid, etc. All forms are approved by the European Commission. Currently, a new electronic method of communication is being used through social security data exchange system - the EESSI. EU social security regulations apply to all member national legislation:

  1. sickness benefits
  2. maternity and equivalent paternity benefits
  3. invalidity benefits
  4. old age pensions
  5. survivor’s benefits
  6. benefits in connection with accidents at work and occupational diseases
  7. death grants
  8. unemployment benefits
  9. pre-retirement benefits
  10. family benefits.

When assessing the material scope of the coordination regulations, it is also necessary to start from the jurisprudence of the European Court of Justice, according to which it is necessary to add to the social security benefits:

  •  preventive health measures,
  •  certain measures at the national level relating to war actions or compensation for suffering or damage caused by the Nazi regime, supplementing or implementing general provisions on social security,
  •  long-term care benefits,
  •  help with vocational training, which is considered by the European Court of Justice to be a type of unemployment support on the condition that it concerns persons who are already unemployed or those who are currently employed but are at risk of unemployment,
  •  non-contributory benefits of a mixed type, which are marginal benefits because some national legislation gradually integrates social assistance with social security.

Coordination regulations do not apply to:

  1. benefits of social and health assistance - assistance,
  2. benefits that are based on agreements between employers and trade unions (e.g. supplementary pension insurance systems),
  3. benefits for victims of war or its consequences.

More information: Standard forms for social security rights - Your Europe (europa.eu)

To whom the coordination regulations apply

Coordination regulations apply to:

  • nationals of EU Member States, stateless persons or refugees residing in the territory of one of the Member States who are subject or were subject to the legislation of one or more Member States, as well as their family members and survivors,
  • survivors of persons who were subject to the legislation of one or more Member States, regardless of the nationality of such persons, in the event that their survivors are nationals of one of the Member States or stateless persons or refugees residing in the territory of one of the Member States,
  • on state officials and persons who are considered to be such,
  • to citizens of third countries under certain conditions.

Coordination regulations do not apply to:

  • social and health assistance benefits,
  • benefits that are based on agreements between employers and trade unions (e.g. supplementary pension insurance systems),
  • benefits for victims of war or its consequences,
  • to citizens of third countries under certain conditions.

Other categories of persons to whom coordination regulations apply, but whose status is regulated by special provisions:

  • workers from the crossborder area,
  • seasonal workers,
  • posted persons,
  • mariners,
  • persons employed at diplomatic missions and consular offices,
  • service personnel of the European Communities.

In the area of coordination of social security systems within the EU, the Social Insurance Agency was designated as the competent institution, the institution of the place of residence or place of stay, liaison body and access point for the following types of benefits:

  • cash benefits in case of sickness,
  • maternity benefits and equivalent paternity benefits,
  • invalidity benefits,
  • old age benefits,
  • survivors' benefits,
  • benefits in connection with accidents at and occupational diseases,
  • unemployment benefits.

Information regarding the coordination of social security systems is published on the website of the European Commission here: EU social security coordination – Employment, Social Affairs & Inclusion.