Problematika aplikace nařízení Rady (EHS) č. 1408/1971 a nařízení Rady (EHS) č. 574/1972 v oblasti důchodového pojištění.

Abstract

The European social security law became applicable in the Czech Republic after its accession to the European Union on 1 May 2004. The most important legal regulations in this field include Council Regulation (EEC) No. 1408/71 and Council Regulation (EEC) No. 574/72, so-called coordination regulations. The aim of the bachelor thesis was to map out whether and in what way the legal protection of so-called migrating persons was extended in the field of pension insurance in connection with the accession of the Czech Republic to the EU, and to compare procedures relating to the proceedings on awarding allowances from pension insurance to persons who have been insured in some of the EU member states for certain periods of time. Qualitative research was applied to obtain necessary information. Based on an analysis of the primary documentation (domestic legal regulations, international treaties on social security, coordination regulations and statistic data), the data obtained were analysed. It was found out that the coordination regulations facilitate the conditions of migration and ensure legal protection of persons migrating between the EU, EEA and Switzerland. Member states are obliged to treat migrating persons and their own nationals equally, avoiding any restrictions regarding their opportunities to work in various countries within that area. As at 30 April 2004, i.e. before the accession of the Czech Republic to the EU, the legal protection of migrating persons in the field of pension insurance was ensured with bilateral treaties on social security concluded by the Czech Republic and other 24 states. Since 1 May 2004, the legal protection has been extended to additional 15 EU and EEA states which had not been parties to such bilateral treaties. The accession of the Czech Republic to the EU led to a significant increase of the amount of activities carried out by the Czech Social Security Administration acting as the competent institute. This finding arose out of the statistics of acts performed in connection with the EU issues. The issues connected with the social security of migrating persons ("foreign issues") are more complicated compared with domestic issues which is the cause of the fact that the average duration of pension proceedings is several times longer compared to domestic applications.