Zaštita migranata od socijalnih rizika u pravu Evropske unije
Migrants’ Protection against Social Risks in EU Law

Summary/Abstract: In recent years, much discussion has taken place on the social security of persons moving within the European Union, especially in the context of what has been agreed on the coordination of social security schemes in Regulations No 883/2004, No 987/2009 and No 1231/2010. The main purpose of this article is to analyze the capacity of these Regulations to abolish the obstacles to the free movement of workers that can be created if migration were to lead to discrimination and loss of social benefits in the state hosting EU citizen. The author first analyzes the aim and purpose of international social law protection of migrants, and shows how territoriality and diversity of national social legislations can cause problems when people move from one State to another. In second part of the article, the author comments on the legislative history of Regulations on coordination of social security schemes and personal and material scope of their provisions. She argues that the overall objective of Regulations is to link together the various social security systems in the European Union, so as to prevent migrants from losing out on social security rights on account of their moving, without creating a common „European system of social security“. Special attention is paid to the basic principles of the coordination of social security schemes: the principle of prohibition of (direct and indirect) discrimination on the basis of nationality; the principle of preservation of acquired social security rights and the principle of preservation of social security rights in the course of acquisition. These principles are placed in the context of challenges that (international and comparative) social law will have to face, including the challenges of protection of new social risks, the importance of private insurance systems and new patterns of migrations.

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