REPORTS
Residence clause in Greek legislation on family benefits contrary to EU rules on family benefits; infringement: INFR(2023)2097
Each Member State of the European Union must fully apply EU law. The body responsible for identifying possible violations of EU law is the European Commission. Where a Member State does not apply EU law and breaches its obligations under the EU Treaties, the European Commission may open a formal infringement procedure under Articles 258 and 260 TFEU (see details on the infringement procedure here).
First, Regulation (EC) No 883/2004 (on the coordination of social security systems) provides, inter alia, that nationals of Member States enjoy the same rights and are subject to the same obligations under the legislation of each Member State with regard to social security schemes.
Second, Regulation (EU) No 492/2011 aims to ensure the free movement of workers within the Union as a fundamental right. The realisation of this objective entails the abolition of any discrimination based on nationality between workers of the Member States as regards employment, pay and other conditions of work, as well as the right of workers to move freely within the Union in order to pursue an activity as an employed person. The mobility of workers in the EU is a means of improving their living and working conditions and facilitating their social advancement, and at the same time should contribute to meeting the needs of the Member States’ economies.
In addition, Article 45 of the Treaty on the Functioning of the European Union ensures the free movement of workers within the Union, which entails the abolition of any discrimination on grounds of nationality between workers of the Member States as regards employment, remuneration and other conditions of work.
However, as stated in the November infringement package, according to Greek legislation, only EU nationals who have resided in Greece for at least five years with their children are entitled to apply for family benefits. Third-country nationals who are covered by EU rules on the coordination of social security (e.g. because they moved to Greece from another EU Member State) can only apply for family benefits after having resided in Greece for at least 12 years. According to the Commission, this legislation violates EU law as it does not treat EU citizens equally, which constitutes discrimination. In addition, the Regulation on the coordination of social security systems prohibits any residence condition for receiving social security benefits such as family allowances.
For this reason, the European Commission has decided to send Greece a letter of formal notice, asking it to comply with EU rules on family benefits.
For more information on this procedure and on the European Commission’s decisions regarding the infringement in question, please consult the European Commission’s website by entering INFR(2023)2097 in the field “Infringement case number”.
The application of EU law is an obligation of the Member States of the European Union. If infringements of EU law are identified, the European Commission may take a series of actions against the Member State concerned to ensure the correct and full application of EU law by opening infringement proceedings under Articles 258 and 260 TFEU.
In this particular case, the European Commission sent a letter of formal notice, calling on Greece to comply with Regulation (EC) No 883/2004 (coordination of social security) and Regulation (EU) No 492/2011 (free movement of workers) and to bring its national legislation into line with their provisions.
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