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Parliamentary questions
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8 January 2018
Answer given by Ms Thyssen on behalf of the Commission
Question reference: E-006612/2017

Member States are responsible for ensuring the correct application of their national labour and social security law as well as the relevant provisions of European Union law, including labour and social security coordination legislation. The European Pillar of Social Rights(1), which has been proclaimed by the European Parliament, the Council and the Commission on 17 November 2017, contains a principle on healthcare which states that everyone has the right to timely access to affordable, preventive and curative healthcare of good quality.

Regulation (EC) No 883/2004 on the coordination of social security systems sets conflict rules to determine the competent Member State for the social security cover of EU citizens in cross-border situations. Only one Member State is competent, at a time, and the person is insured in this State, in accordance with national legislation. The objective is to avoid situations in which a person remains without social security cover.

Article 13 of the regulation determines the applicable legislation when a person works in two or more Member States. In line with those rules, national authorities determine the competent Member State, based on the objective situation of the person concerned.

An insured person living or staying in a Member State other than the competent Member State (where the person is insured or entitled to benefits) can, under certain conditions and according to the regulation, have access to sickness benefits in that Member State of residence or stay, at the expense of the competent Member State. Member States remain primarily responsible for ensuring that these rules are correctly applied.


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