Seminar “CHALLENGES AND OBSTACLES
FACED BY ROMANIAN WORKERS IN SPAIN”
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“Changes introduced in the Spanish Legislation on
free movement and social security that could affect
Romanian citizens”
Bucharest, June 5, 2014
FreSco
Carlos García de Cortázar
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ROMANIAN POPULATION IN SPAIN
2007: 527.019
2008: 728.967
2009: 796.576
2010: 829.715
2011: 864.278
2012: 895.970
2013: 773.122 (provisional figures)
Carlos García de Cortázar
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ROMANIAN POPULATION INSURED IN SPAIN
TOTAL
MEN
WOMEN
2010
April
285.025
159.447
125.572
2011
April
296.191
162.910
133.279
2012
April
274.198
146.121
128.075
2013
April
259.081
126.564
132.512
2014
April
268.449
126.195
142.250
General Unemployment rate in Spain: 26%
Unemployment rate of the Romanian population in Spain: 38%
Carlos García de Cortázar
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The Royal Decree-Law 16/2012 of 20 April, on urgent measures to ensure the sustainability
of the national health system and improve the quality and safety of their benefits,
implements in its fifth final provision literarily the article 7 of the DIRECTIVE 2004/38/EC OF
THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the right of citizens
of the Union and their family members to move and reside freely within the territory of the
Member States
All citizens of a Member State of the European Union or of a State party of the European
Economic Area have the right of residence in Spanish for more than three months if:
a) He/She is a worker or self-employed in Spain , or
b) Has , for him/herself and for the members of his/her family, sufficient resources for not
becoming a burden on the social assistance in Spain during their period of residence
and have sickness insurance covering all risks in Spain , or
Carlos García de Cortázar
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c) Is enrolled at a private or public establishment , accredited or financed
by the relevant education authority with the main purpose to undertake
study, including vocational training; and has sickness insurance
covering all risks in Spain and sufficient resources for not becoming a
burden on the social assistance in Spain during their period of
residence.
d) Is a family member accompanying a citizen of the European Union or
another State of the European Economic Area and meets the conditions
referred to in points a) , b ) or c) .
UNTIL THE ENTRY INTO FORCE OF THIS ROYAL DECREE-LAW, THIS
PROVISION WAS NOT APPLICABLE IN SPAIN
Carlos García de Cortázar
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Health care benefits. NEW SITUATION
The Royal Decree-Law 16/2012 of 20 April establishes:
“Article 3. For the purpose of healthcare in Spain, with public funds,
through the National Health System, shall be considered insured persons
who are in one of the following cases:
a) Be employed person or self-employed, insured in the Social Security.
b) Be of a pensioner of the Social Security system.
c) Be a recipient of any other periodic benefit Social Security, including
unemployment benefits .
d) Have exhausted the unemployment benefit and be resident in Spain.
e) In case that letters a) to d) were not applicable, residents in Spain with
income under 100.000 euros yearly are entitled also to health care
benefits”.
Carlos García de Cortázar
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LAW 22/2013 OF 22th December 2013
Additional provision sixty-fifth
“Loss of residence for the purpose of Social Security benefits, including
minimal pension.
1. For the maintenance of the right of economic benefits of Social Security
based only on residence in the Spanish territory, it has to be understood
that the recipient of such benefits, is habitually resident in Spain when
the temporary stays abroad do not exceed 90 days during each
calendar year or the absence of Spanish territory is motivated by
causes properly justified”.
Carlos García de Cortázar
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LAW 22/2013 OF 22th December 2013
Additional provision sixty-fifth
“Loss of residence for the purpose of Social Security benefits, including
minimal pension.
2. For the Purposes of maintaining the right of health care based only in
the residence in the Spanish territory, it is understood that the
beneficiary of those benefits is habitually resident in Spain even in case
of temporary stays abroad that do not exceed 90 days during each
calendar year”.
Carlos García de Cortázar
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Article 25 B 5 and 7 of Regulation 987/2009
“Stay in a Member State other than the competent Member State:
5. If the reimbursement of such costs has not been requested directly
from the institution of the place of stay, the costs incurred shall be
reimbursed to the person concerned by the competent institution in
accordance with the reimbursement rates administered by the
institution of the place of stay or the amounts which would have
been subject to reimbursement to the institution of the place of
stay, if Article 62 of the implementing Regulation had applied in the
case concerned.
The institution of the place of stay shall provide the competent
institution, upon request, with all necessary information about these
rates or amounts”.
Carlos García de Cortázar
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Article 25 B 5 and 7 of Regulation 987/2009
“Stay in a Member State other than the competent Member State:
7. If the legislation of the Member State of stay does not provide for
reimbursement pursuant to paragraphs 4 and 5 in the case
concerned, the competent institution may reimburse the costs
within the limits of and under the conditions of the reimbursement
rates laid down in its legislation, without the agreement of the
insured person”.
Spain had not established in its legislation reimbursement rates. Paragraph 7
was therefore applicable. However, through the note 232/12 (27/4/2012) to
the Administrative Commission, the Spanish Administration declared that it
has established at regional level, reimbursement rates. Consequently,
paragraph 5 is applicable in Spain.
Carlos García de Cortázar
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The royal Decree 81/2014, de 7 February implements the
DIRECTIVE 2011/24/EU OF THE EUROPEAN PARLIAMENT AND
OF THE COUNCIL of 9 March 2011 on the application of
patients’ rights in cross–border health.
Carlos García de Cortázar
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AI CARTE, AI PARTE
MULȚUMESC
Carlos García de Cortázar