Dla Pacjenta

Legal bases

The European Union operates under the Treaty on European Union and the Treaty on the Functioning of the European Union. Article 48 of the Treaty on the Functioning of the European Union introduces one of the guiding principles of an integrated Europe – the free movement of persons, services and capital. A corollary of this freedom is the provisions on the coordination of social security systems in place in EU and EFTA Member States.

Legal bases of coordination for EU/EFTA Member States:

REGULATION (EC) No 883/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the coordination of social security systems (Text with relevance for the EEA and for Switzerland) (OJ L 200, 7.6.2004, p. 1)
REGULATION (EC) No 987/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (Text with relevance for the EEA and for Switzerland) (OJ L 284, 30.10.2009, p. 1)
REGULATION (EU) No 1231/2010 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality (OJ L 344, 29.12.2010, p. 1)
DECISION NO S1 of the Administrative Commission for the Coordination of Social Security Systems of 12 June 2009 concerning the European Health Insurance Card
DECISION NO S2 of the Administrative Commission for the Coordination of Social Security Systems of 12 June 2009 concerning the technical specifications of the European Health Insurance Card
DECISION NO S3 of the Administrative Commission on Social Security defining the benefits covered by Articles 19(1) and 27(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council and Article 25(A)(3) of Regulation (EC) No 987/2009 of the European Parliament and of the Council

The legal bases for coordination for the EFTA Member States as applicable to Switzerland until 31 March 2012 and as applicable to Norway, Liechtenstein, Iceland until 31 May 2012:

COUNCIL REGULATION (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (Consolidated version — OJ L 28, 30.1.1997, p. 1),
COUNCIL REGULATION (EEC) No 574/72 of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community (Consolidated version — OJ L 28, 30.1.1997, p. 1),
REGULATION (EU) No 859/2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality (OJ L 124, 20.5.2003, p. 1).
DECISION No 189 of the Administrative Commission on Social Security for Migrant Workers of 18 June 2003 aimed at introducing a European health insurance card to replace the forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 as regards access to health care during a temporary stay in a Member State other than the competent State or the State of residence (OJ L 276, 27.10.2003, p. 1),
DECISION No 190 of the Administrative Commission on Social Security for Migrant Workers of 18 June 2003 concerning the technical specifications of the European Health Insurance Card (OJ L 276, 27.10.2003, p. 4),
DECISION No 191 of the Administrative Commission on Social Security for Migrant Workers of 18 June 2003 concerning the replacement of forms E 111 and E 111 B by the European Health Insurance Card (OJ L 276, 27.10.2003, p. 19),

Domestic legislation:

Act of 27 August 2004 on publicly funded healthcare benefits and certain implementing acts relating to the coordination of social security systems.

Union institutions

European Commission (EC)

The European Commission is the executive body of the European Union whose task is to promote the general interest of the Community.

The European Commission shall:

submit proposals for new Community legislation to Parliament and the Council,
oversee and enforce the proper implementation of the Treaties and Union law, together with the Court of Justice of the European Union,
manage European Union funds,
conduct the European Union’s common international policy and negotiate international agreements between the European Union and third countries.

Contact details:

European Commission
DG Employment, Social Affairs and Inclusion
B-1049 Brussels
BELGIUM

http://ec.europa.eu/contact/index_pl.htm

The Administrative Commission for the Coordination of Social Security Systems

The Administrative Commission for the Coordination of Social Security Systems was attached to the European Commission. It is composed of government representatives of each EU/EFTA Member State, accompanied, where appropriate, by technical adviser. A representative of the European Commission attends the meetings of the Administrative Commission as an adviser.

The Administrative Commission shall:

deal with all administrative questions and questions of interpretation arising from the provisions on coordination of social security systems;
facilitate the uniform application of Community law, especially by
promoting exchange of experience and best administrative practices;
foster and develop cooperation between Member States and their institutions in social security matters; facilitate realisation of actions of cross-border cooperation activities in the area of the coordination of social security systems;
encourage the use of new technologies in order to facilitate the free movement of persons, in particular by modernising procedures for exchanging information and adapting the information flow between institutions;
undertake any other function falling within its competence under the provisions on coordination;
make any relevant proposals to the European Commission concerning the coordination of social security schemes, with a view to improving and modernising the Community acquis by drafting subsequent Regulations or by means of other instruments provided for by the Treaty;
establish the factors to be taken into account for drawing up accounts relating to the costs to be borne by the institutions of the Member States under the provisions on coordination and adopt the annual accounts between those institutions, based on the report of the Audit Board.

Technical Commission for Data Processing

The Technical Commission for Data Processing was attached to the Administrative Commission for the Coordination of Social Security Systems. The Technical Commission shall propose to the Administrative Commission common architecture rules for the operation of data processing services, in particular on security and the use of standards. The Technical Commission shall deliver reports and a reasoned opinion before decisions are taken by the Administrative Commission. The composition and working methods of the Technical Commission shall be determined by the Administrative Commission.

The Technical Commission shall:

gather together the relevant technical documents and undertake the studies and other work required to accomplish its tasks;
submit to the Administrative Commission for the Coordination of Social Security Systems the reports and reasoned opinions;
carry out all other tasks and studies on matters referred to it by the Administrative Commission for the Coordination of Social Security Systems;
ensure the management of Community pilot projects using data processing services and, for the Community part, operational systems using data-processing services.

Audit Board

An Audit Board shall be attached to the Administrative Commission for the Coordination of Social Security Systems which shall determine the composition and working methods of the Audit Board.

The Audit Board shall:

verify the method of determining and calculating the annual average costs presented by Member States;
collect the necessary data and carry out the calculations required for establishing the annual statement of claims of each Member State;
give the Administrative Commission periodic accounts of the results of the implementation of the provisions on coordination, in particular as regards the financial aspect;
provide the data and reports necessary for decisions to be taken by the Administrative Commission pursuant to the provisions on coordination;
make any relevant suggestions it may have to the Administrative Commission, including those concerning the provisions on coordination;
carry out all work, studies or assignments on matters referred to it by the Administrative Commission for the Coordination of Social Security Systems.

The European Parliament (EP)

The European Parliament is the only directly elected institution of the European Union. Every five years, voters in the EU Member States elect the 736 MEPs who represent their interests in the European Parliament.

The European Parliament shall:

adopt European Union legislation, together with the Council of the European Union.
oversee the other institutions of the European Union,
supervise and adopt the annual budget of the European Union, together with the Council of the European Union.

Contact details:

http://www.europarl.europa.eu/pl/headlines/

The Court of Justice of the European Union (CJEU)

The Court of Justice of the European Union is the judicial authority of the European Union. The Court is composed of one judge from each Member State of the European Union and eight Advocates General. The most common cases brought before the CJEU are references for a preliminary ruling, actions for failure to fulfil obligations, actions for annulment, actions for failure to act and direct actions.

The Court of Justice of the European Union shall:

interpret Community law with a view to its uniform application throughout the territory of the Member States;
settle legal disputes between the institutions of the European Union and the governments of the Member States;
deal with cases brought by private individuals for violation of their rights by institutions.

Contact details:

The Court of Justice of the European Union
L - 2925 Luxembourg

Tel.: (+352) 4303.1
Fax: (+352) 4303.2600

http://curia.europa.eu/