Brexit: The European Union takes measures to safeguard the social security rights of citizens of EU

The European Union is taking measures to safeguard the social security rights of citizens of EU member states in the UK and UK nationals in the EU 27 who have benefited from the right of free movement before the UK’s withdrawal from the European Union (EU).

Last Friday, 22 February, member states’ ambassadors in the Council’s Permanent Representatives Committee approved the text of a draft regulation on establishing contingency measures in the field of social security coordination. Coreper will now inform the European Parliament that if it adopts its position at first reading in the same form, the Council should be able to approve the European Parliament’s position.

The measures are limited in time and scope and will be adopted unilaterally by the EU. The regulation will enter into force only if the UK leaves the Union with no withdrawal agreement in place.

About this fact, Marius-Constantin Budăi, Minister of Labour and Social Justice of Romania, has said that “the draft regulation ensures that member states will continue to apply the core principles of EU social security coordination. The contingency measures will guarantee that EU 27 and UK nationals, who moved freely within the Union, will continue to benefit from their social security rights acquired before UK’s withdrawal from the Union”.

Scope of application

The regulation will apply to the following persons:

– Nationals of member states, stateless persons and refugees, to whom the legislation of one or more member states applies or has applied or who are or have been in a situation involving the United Kingdom before the date of application of the regulation, as well as their family members and survivors.

– Nationals of the United Kingdom, to whom the legislation of one or more member states applies or has applied before the date of application of the regulation, as well as their family members and survivors.

The draft regulation is without prejudice to the existing social security conventions and agreements between the UK and one or more member states.