Controversy about the indexation of family benefits according to the country of residence of the deceased. About its compatibility with EU law

Authors

DOI:

https://doi.org/10.12795/e-RIPS.2022.i02.11

Keywords:

Indexation of family benefits, Regulation 883/2004, Free movement of workers, Case C-328/20

Abstract

We refer in this article to the debate that took place in the community institutions around a possible national mechanism for indexing family benefits based on the country of residence of the subject causing them. We will present two key moments in this matter: 1) The requirement of this measure by the United Kingdom that ended with the acceptance by the European Council in the framework of the negotiations to avoid Brexit. 2) The adoption of said mechanism by Austria and the subsequent revocation by the CJEU at the request of the European Commission. We will criticize the ambivalent position of the European institutions when assessing the adequacy of this measure to the original law of the EU and we will refer in more detail, due to its greater legal interest, to the pronouncement of the CJEU issued in its recent judgment of June 16, 2022, Case C-328/20.

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Author Biography

Francisco Vigo Serralvo, Malaga University

Assistant Professor Doctor. UMA.
Social Graduate (non-practising).
Lawyer (non-practising).

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Published

2022-12-30

How to Cite

Vigo Serralvo, F. . (2022). Controversy about the indexation of family benefits according to the country of residence of the deceased. About its compatibility with EU law. E-International Review on Social Protection, 7(2), 193–210. https://doi.org/10.12795/e-RIPS.2022.i02.11

Issue

Vol. 7 No. 2 (2022)

Section

Jurisprudential studies

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Received 2022-11-02
Accepted 2022-11-23
Published 2022-12-30
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