In a written answer on 19 June 2026, Executive Vice-President Roxana Mînzatu clarified that EU treaty provisions on freedom of establishment and services do not apply to a Flemish childbirth allowance for self-employed persons residing in another member state, as the allowance does not restrict economic activity. The response, addressed to MEP Jeroen Lenaers, distinguishes between residence and economic activity, noting that the individual is already established in Belgium.
The answer offers no concrete proposals or commitments, instead providing legal analysis. Mînzatu outlined two factors for assessing whether the allowance must be extended to EU mobile workers: first, whether it qualifies as a 'social advantage' under Regulation 492/2011, potentially requiring equal treatment regardless of residence; second, whether it constitutes a 'family benefit' under Regulation 883/2004. The Commission did not take a definitive stance, leaving room for member state justification of residence conditions.
Politically, the answer signals a cautious, legalistic approach, avoiding expansion of EU social security obligations for self-employed persons. No immediate institutional follow-up is expected, but the interpretation could influence future cases on cross-border social benefits. The response impacts self-employed workers residing in one member state while working in another, who may face unequal access to local childbirth allowances. National authorities gain flexibility to maintain residence conditions, while EU mobile workers may see limited protection under current rules.