The Charter and Social Security Rights: Time to Stand and Deliver?

In: European journal of social security, Band 24, Heft 1, S. 21-39

Abstract

From a standpoint of fundamental rights, the European Court of Justice (ECJ) can be considered as having taken a restrictive approach to social security ever since it ruled in case C-333/13, Dano. The ECJ ruled that the Charter of Fundamental Rights of the European Union does not apply because Regulation 883/2004 only coordinates member states' social security systems. This has since been raised by national courts in seven further preliminary rulings: case C-647/13, Melchior; case C-408/14, Wojciechowski; case C-284/15, M; case C-89/16, Szoja; case C-447/18, UB; case C-243/19, A; and case C-243/19, CG. In the light of these rulings, this article provides an analysis of social security from a rights perspective. This includes considering and analysing the inherent limitations of the Charter in view of the principle of conferral. The author asks: the Charter and social security rights – time to stand and deliver? If so: deliver what? If not: why not?