Sincere Cooperation, Mutual Trust, and Mutual Recognition in Social Security Coordination
Wenander, Henrik LU
(2020)
In Review of European Administrative Law
13.
p.89-108
- Abstract
- This article looks into the meaning of the concepts of sincere cooperation,
mutual trust, and mutual recognition in EU social security coordination. It
analyses the legislative choice of coordination as the main regulatory mechanism in the field, and examines the role of administrative cooperation. Furthermore, the article highlights the challenges that arise in situations where mutual recognition is required under the Regulations, as in connection with portable documents relating to the posting of workers. It also considers the limits to mutual trust via the principle of prohibition of fraud and abuse of rights established in the case law of the CJEU on free movement. In the last few years, this principle has been extended into... (More) - This article looks into the meaning of the concepts of sincere cooperation,
mutual trust, and mutual recognition in EU social security coordination. It
analyses the legislative choice of coordination as the main regulatory mechanism in the field, and examines the role of administrative cooperation. Furthermore, the article highlights the challenges that arise in situations where mutual recognition is required under the Regulations, as in connection with portable documents relating to the posting of workers. It also considers the limits to mutual trust via the principle of prohibition of fraud and abuse of rights established in the case law of the CJEU on free movement. In the last few years, this principle has been extended into the field of social security law, notably in Altun. In this way, the coordination regime does not require totally blind trust: rather, it balances the Member States’ interests of maintaining the integrity of their social security systems with the Union interest of simplifying free movement. As in other fields of EU law relating to free movement, the mutual trust between the Member States in social security coordination may therefore be set aside in extraordinary cases. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/0571cc9d-6722-4365-a1d5-94bac1608667
- author
- Wenander, Henrik
LU
- organization
- publishing date
- 2020
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- EU Law, Social Security Law, Mutual Trust, Social Security Coordination, EU-rätt
- in
- Review of European Administrative Law
- volume
- 13
- pages
- 20 pages
- publisher
- Paris Legal Publishers
- external identifiers
-
- scopus:85152640366
- ISSN
- 1874-7981
- DOI
- 10.7590/187479820X16007576818834
- language
- English
- LU publication?
- yes
- id
- 0571cc9d-6722-4365-a1d5-94bac1608667
- date added to LUP
- 2021-01-13 15:06:28
- date last changed
- 2023-05-03 04:02:09
@article{0571cc9d-6722-4365-a1d5-94bac1608667,
abstract = {{This article looks into the meaning of the concepts of sincere cooperation,<br/>mutual trust, and mutual recognition in EU social security coordination. It<br/>analyses the legislative choice of coordination as the main regulatory mechanism in the field, and examines the role of administrative cooperation. Furthermore, the article highlights the challenges that arise in situations where mutual recognition is required under the Regulations, as in connection with portable documents relating to the posting of workers. It also considers the limits to mutual trust via the principle of prohibition of fraud and abuse of rights established in the case law of the CJEU on free movement. In the last few years, this principle has been extended into the field of social security law, notably in Altun. In this way, the coordination regime does not require totally blind trust: rather, it balances the Member States’ interests of maintaining the integrity of their social security systems with the Union interest of simplifying free movement. As in other fields of EU law relating to free movement, the mutual trust between the Member States in social security coordination may therefore be set aside in extraordinary cases.}},
author = {{Wenander, Henrik}},
issn = {{1874-7981}},
keywords = {{EU Law; Social Security Law; Mutual Trust; Social Security Coordination; EU-rätt}},
language = {{eng}},
pages = {{89--108}},
publisher = {{Paris Legal Publishers}},
series = {{Review of European Administrative Law}},
title = {{Sincere Cooperation, Mutual Trust, and Mutual Recognition in Social Security Coordination}},
url = {{https://lup.lub.lu.se/search/files/89951485/Wenander_Sincere_Cooperation_Mutual_Trust_and_Mutual_Recognition_in_Social_Security_Coordination_2020_13_REALaw_89.pdf}},
doi = {{10.7590/187479820X16007576818834}},
volume = {{13}},
year = {{2020}},
}