Social security benefits of migrant workers within the European Union in the context of freedom of movement of workers

Abstract

Labour migration within the EU, although has changed over the years, has existed for centuries. It is driven by changes in the geography of the EU, demand for cheap labour and individuals’ search for higher living standards. Freedom of movement of workers is one of the fundamental rights at the foundation of the EU. This freedom is ensured and supported through multiple legal acts, most notably, TEU and TFEU. The dimensions of this freedom are further defined in a number of regulations and directives. To ensure that individuals are effectively free to move, one of the factors protected is their social security rights. Social security is a human right, which protects individuals from a loss of income for any reason. Social security is coordinated on the EU level via agreements, which set out rights and obligations of migrating workers. CJEU helps to ensure that the rules are followed and fill any gaps or ambiguities regarding said rules with the aim to effectively satisfy the individual’s right of free movement.