La normativa comunitaria actualmente vigente en el llamado Derecho europeo de la Seguridad Social

Abstract

Social Protection as regards European Community’s affairs, has been traditionally characterised by the need to overcome the difficulties that may arise owing to workers’ mobility within the European common market, it falling short of individuals being subject to more than one Social Security System (which, notwithstanding the possibility of having similar structures, are the natural consequence of existing economic, political and social backgrounds, in each country and society), and a lack of coordination existing, amongst the Social Security Systems in dispute. All of which, has made the European Community need to try and find a solution to this problem, or, more appropriately, to lessen its consequences. Whereas article 51 of the founding treaty of the EEC, established that the Council, backed by a proposal from the Commission, was to adopt all necessary measures needed, as regards Social Security, to enable the envisaged free movement of workers, as of today, neither the Founding Treaties, or Regulations 1408/71 and its extensions, establish a homogeneous Social Security System, directly applicable to its Member States. Instead, a policy aimed, and limited to, the removal of the barriers affecting the free movement of workers, has been sought through the coordination of internal legislation, and the application of specific principles (equal treatment, non discrimination from other EU Member State nationals’, and free movement). In the future, given the degree of interdependence reached amongst the economies of the European Member States, everything seems to point in the direction of social protection evolving towards an ever growing area of common interest, where these Member States must seek the manner of reaching and agreeing on a common position, over what was until now, a de facto relegated issue, since all of them will be facing similar problems such as aging of its population, and the common need for more adequate levels of protection.