Coordination of Pension Systems
摘要
In this chapter, there is presented an in-depth analysis of the scope of Coordination Regulation as far as the pension systems are concerned. Namely, it is examined which pension schemes are falling under the scope of Coordination Regulation according to its relevant provisions. In this respect, the interpretative approach of the Court of Justice of the European Union is examined. The opinions of scholars found in the literature are taken into consideration as well. The element of the public authority intervention in terms of an official recognition of a pension scheme seems to be determinant for Coordination Regulation. The CJEU proceeds to elements such as solidarity, mandatory or optional affiliation to a scheme, but there are many cases where contradictory judgments are observed. At the same time, a part of literature considers certain characteristics crucial in order to conclude if the EU social security law or competition law will be applied on a pension scheme. In light of the complexity of the pension systems, the author concludes that Coordination Regulation sets out the simplest criteria that could be selected and be fulfilled. Hence, it includes any pension scheme that a member state is willing to place under the coordination mechanism putting forward the social function of pension rights.