The UK and social security coordination after Brexit: reinventing the wheel or Mad Hatter's tea party

On 23 June 2016 the United Kingdom voted in a referendum to leave the European Union. On 17 January 2017, the UK Prime Minister, Theresa May, stated that what she is seeking is “Not partial membership of the European Union, associate membership of the European Union, or anything that leaves us half-...

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Main Author: Roberts, Simon
Format: Article
Language:English
Published: University of Warsaw 2017
Subjects:
Online Access:https://eprints.nottingham.ac.uk/46545/
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author Roberts, Simon
author_facet Roberts, Simon
author_sort Roberts, Simon
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description On 23 June 2016 the United Kingdom voted in a referendum to leave the European Union. On 17 January 2017, the UK Prime Minister, Theresa May, stated that what she is seeking is “Not partial membership of the European Union, associate membership of the European Union, or anything that leaves us half-in, half-out. We do not seek to adopt a model already enjoyed by other countries. We do not seek to hold on to bits of membership as we leave. No, the United Kingdom is leaving the European Union” (Reuters, 16 January 2017). It is by no means clear what “leaving” the EU will mean for the UK, the EU and the millions of European citizens who have exercised their right to free movement enshrined in the Treaty of Rome “with the legitimate expectation that their EU citizenship rights were irrevocable.” (UK Citizens in Europe, “Towards an Alternative White Paper on the European Union (Notififi cation of Withdrawal) Bill”, February, 2017). This article considers the implications of the UK’s decision to leave the EU for mobile EU citizens’ social security and healthcare rights in the UK and UK nationals’ corresponding rights in the EU. It examines the rights at stake and possible arrangements to coordinate social security following Brexit. The article concludes that the most effective arrangement would look conspicuously similar to the current coordinating Regulations 883/04 and 987/09. However, in the event of a ‘Hard’ Brexit new institutional arrangements would have to be found to administer, review, revise, interpret, and provide consistency and legal certainty across at least 30 countries.
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spelling nottingham-465452017-10-13T18:00:24Z https://eprints.nottingham.ac.uk/46545/ The UK and social security coordination after Brexit: reinventing the wheel or Mad Hatter's tea party Roberts, Simon On 23 June 2016 the United Kingdom voted in a referendum to leave the European Union. On 17 January 2017, the UK Prime Minister, Theresa May, stated that what she is seeking is “Not partial membership of the European Union, associate membership of the European Union, or anything that leaves us half-in, half-out. We do not seek to adopt a model already enjoyed by other countries. We do not seek to hold on to bits of membership as we leave. No, the United Kingdom is leaving the European Union” (Reuters, 16 January 2017). It is by no means clear what “leaving” the EU will mean for the UK, the EU and the millions of European citizens who have exercised their right to free movement enshrined in the Treaty of Rome “with the legitimate expectation that their EU citizenship rights were irrevocable.” (UK Citizens in Europe, “Towards an Alternative White Paper on the European Union (Notififi cation of Withdrawal) Bill”, February, 2017). This article considers the implications of the UK’s decision to leave the EU for mobile EU citizens’ social security and healthcare rights in the UK and UK nationals’ corresponding rights in the EU. It examines the rights at stake and possible arrangements to coordinate social security following Brexit. The article concludes that the most effective arrangement would look conspicuously similar to the current coordinating Regulations 883/04 and 987/09. However, in the event of a ‘Hard’ Brexit new institutional arrangements would have to be found to administer, review, revise, interpret, and provide consistency and legal certainty across at least 30 countries. University of Warsaw 2017-08-09 Article PeerReviewed application/pdf en https://eprints.nottingham.ac.uk/46545/1/roberts_brexit_zeszyt%206%20%281%29.pdf Roberts, Simon (2017) The UK and social security coordination after Brexit: reinventing the wheel or Mad Hatter's tea party. Zabezpieczenie Społeczne. Teoria, Prawo, Praktyka (Social Security. Theory, Law, Practice), 6 . pp. 13-27. ISSN 2299-2332 European Union Brexit Free movement Coordination of social security
spellingShingle European Union
Brexit
Free movement
Coordination of social security
Roberts, Simon
The UK and social security coordination after Brexit: reinventing the wheel or Mad Hatter's tea party
title The UK and social security coordination after Brexit: reinventing the wheel or Mad Hatter's tea party
title_full The UK and social security coordination after Brexit: reinventing the wheel or Mad Hatter's tea party
title_fullStr The UK and social security coordination after Brexit: reinventing the wheel or Mad Hatter's tea party
title_full_unstemmed The UK and social security coordination after Brexit: reinventing the wheel or Mad Hatter's tea party
title_short The UK and social security coordination after Brexit: reinventing the wheel or Mad Hatter's tea party
title_sort uk and social security coordination after brexit: reinventing the wheel or mad hatter's tea party
topic European Union
Brexit
Free movement
Coordination of social security
url https://eprints.nottingham.ac.uk/46545/