Abstract
Third-country nationals can use regulation 1231/10 to invoke regulation 883/04, However, the territorial limitation imposed by regulation 1231/10 still limits third-country nationals. The main issue is that regulation 1231/10 is restricted to EU territory. Outside of the EU, any requirement regarding equal treatment in accordance with regulation 1231/10 is not
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applicable. Decision 3/80, the European Convention on Social Security, the Dutch-Turkish social security treaty and ILO Treaty 118 also consider facts outside of the EU, as demonstrated by figures of the Employee Insurance Agency and Social Insurance Bank. Relevant facts outside of the EU include for example the periods of time third-country nationals lived and worked in third countries and the export of benefits to these countries. My proposal to conclude new treaties with third countries on the EU level was discussed in the context of the four analysed coordination schemes. In the discussion, I have researched what possibilities exist to include the techniques of the involved schemes in treaties with third countries, to address those exact issues faced by third country nationals as a result of the limited territorial scope of regulation 1231/10. In addition to facing possible issues because the territorial scope is limited to the EU, third-country nationals also face issues from regulation 1231/10 resulting from the requirement that a third-country national must be in a situation which is not confined in all respects within a single EU Member State. We have seen that the analysed coordination schemes do not require the cross-border movement between at least two EU Member States before involved persons can call upon the concerned coordination schemes. With respect to these coordination schemes, it suffices that the involved persons move from one treaty country to another. This is therefore not limited to just EU Member States. There are no relevant objections for cancelling the requirement that third-country nationals as a result of regulation 1231/10 must be in a situation which is not confined within a single EU Member State. I have discussed the possible conditions for considering facts outside the EU. These conditions are the following: the nature and level of the benefit, the enforcement of national legislation rules, the demand for reciprocity and preventing a disruption in the labour market. These possible conditions for considering facts outside the EU were inventoried out of the coordination developments with regard to third-country nationals on both a national and EU level. The assessment of my proposal to conclude new treaties to include third countries against the relevant conditions has shown that when it comes to the coordination of social security for third-country nationals, it is possible to create a coordination scheme that is more effective than regulation 1231/10. The EU Member States can overcome the few disadvantageous consequences that were discussed in my proposal by establishing further measures. If EU Member States proceed with my proposed expansion, this will therefore not lead to a heavier load on financing their social security systems, and therefore would not have any significant disadvantages for EU Member States.
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