For a better user experience please update your browser or use Chrome or Firefox browser.
Utilities
Publication detail
HomeThe CJEU and EFTA Court decisions in a comparative perspective
MoveS legal report 2023
The CJEU and EFTA Court decisions in a comparative perspective
MoveS legal report 2023
Publication metadata
Coordination of the national social security systems is an integral part of the legal framework of the European Union (EU) and the European Economic Area (EEA). Although the legal system is to a large extent the same, different courts decide on interpretation and application. The Court of Justice of the European Union (CJEU) is competent to decide on EU law and EEA law, when applied by EU Member States and the Court of Justice of the European Free Trade Association (EFTA Court) decides on EEA law when applied by the EEA States Iceland, Liechtenstein and Norway. The scope of the EEA Agreement is more limited than the EU Treaties, but for free movement of workers and social security coordination, the same regulations apply. This means that it is possible to make direct comparisons between the CJEU and the EFTA Court in this field of law. As of August 2023, the EFTA Court had ruled on 18 cases of social security coordination, either under Regulations (EEC) Nos 1408/71 and 574/72 or Regulations (EC) Nos 883/2004 and 987/2009, depending on the relevant period. Ten cases concern Norway, six Liechtenstein and two Iceland. Over the years, the CJEU has ruled on a large number of social security issues, thus covering most legal aspects of the coordination. The EFTA Court, on the other hand, has only covered a smaller number of aspects: Applicable legislation (three cases) family benefits (two cases), sickness benefits (five cases), unemployment benefits (three cases) and administrative cooperation (three cases). In addition, concerning social protection there has been e.g. one case on equal treatment of women and men, which will not be dealt with in this Report.
- Published:
- Corporate author(s): Directorate-General for Employment, Social Affairs and Inclusion (European Commission)
- Personal author(s): Spiegel, Bernhard ; Andresen, Martin
- Themes: Social , Activities of the institutions and bodies
- Subject: administrative cooperation , application of the law , comparative analysis , Court of Justice of the European Union , EC Regulation , EFTA Court , equal treatment , EU law , EU legal system , European Economic Area , free movement of workers , gender equality , health insurance , regulation (EU) , report , unemployment insurance
|
PDF
|
|||
| ISSN | ISBN 978-92-68-10935-9 | DOI 10.2767/51830 | Catalogue number KE-06-23-101-EN-N |
- Released on EU Publications:
Document viewer
Note:
The publication cannot be displayed in the document viewer. Open web version
You may access it from: Download and languages