A Single Member State Only? The Exclusive Effect of Conflict Rules in EU Social Security Law

The article examines the scope and limits of the single-state principle in EU social security law. Article 11(1) of Regulation 883/2004 provides that a person shall be subject to the legislation of ‘a single Member State only’. This is commonly understood to give the conflict rules in Title II exclusive effect, designating one competent Member State whose legislation applies to the exclusion of all others. The article submits, first, that precluding non-competent Member States from granting benefits exceeds what is necessary to ensure freedom of movement for workers under Article 48 TFEU. Second, drawing a distinction between the powers of national authorities and the rights of individuals, the article argues that while non-competent Member States may not levy compulsory contributions on individuals subject to the legislation of another Member State, individuals may still claim benefits under national law, applied in accordance with applicable EU law. Third, the article rejects an expansive interpretation of the Treaty provisions on freedom of movement that would require non-competent Member States to grant contributory benefits to persons over whom they lack the power to levy contributions. EU law permits – but does not require – non-competent Member States to provide protection to persons not subject to their legislation under Regulation 883/2004.

Expansive · Legislation · Member state · Member states · Social security · Treaty · Discrimination and Equality Law · European Law and Migration · Human Rights and Immigration