Social security systems and social protection

Social security systems provide people with a certain minimum welfare protection. Decisions about social protection and social security systems mostly require unanimity (Art. 137 TEC).

Measures aiming at modernising social protection systems can be decided by a qualified majority, according to the Treaty of Nice. Formally, harmonisation of national laws regarding social policy is prohibited. The EU Court has developed common principles to be followed by all Member States. There are two important regulations on social security - 1408 from 1971 and 1612 from 1968.

Notes

A ruling of the EU Court gives employees working at least 12 hours per week the right to receive full social security in all Member States.

The future

The draft Constitution makes part of social policy a shared competence - EU law would therefore suppress member states' existing legislation and right to legislate in this area (Art. I-13).