On 4 August 2026, Executive Vice-President Roxana Mînzatu, answering a parliamentary question on behalf of the European Commission, defended the existing EU framework for coordinating social security systems, arguing that it already protects national fiscal sustainability while rejecting calls for new safeguards against alleged abuse of family benefits. The answer, addressed to MEP Christine Anderson (ESN), reaffirms the Commission's position that the current rules strike a balance between free movement and the financial stability of national schemes, and that it is up to Member States to enforce them.
The question, tabled by Anderson, raised concerns about the CJEU's recognition that Member States may protect the financial stability of their social security systems, and asked whether the Commission sees sufficient scope for national action to limit cross-border burdens. Mînzatu's reply points to Article 11 of Regulation (EC) No 883/2004, which determines the applicable legislation: economically active persons are covered by the scheme of the state where they work, while economically non-active persons are covered by the state of habitual residence. This, she argues, ensures that individuals contribute to the financing of the competent state's social policies through contributions and taxes, and that free movement does not undermine the sustainability of national schemes.
To illustrate existing flexibility, Mînzatu cited the CJEU's judgment of 15 July 2021 in Case C-535/19 (A), which allowed Member States to require economically non-active citizens residing in their territory to pay a proportionate fee when joining the host state's sickness insurance scheme. This, she said, shows that Member States already have tools to avoid disproportionate burdens.
On the third question, Mînzatu stated that the Commission is not considering additional measures against abusive or disproportionate use of family benefits, as it is the responsibility of Member States to ensure correct implementation and enforcement of the rules. This answer is a clear signal that the Commission sees no need to tighten EU-level coordination rules, preferring to leave enforcement to national authorities.
The reply is declarative rather than proposing new legislation, and contains no numerical targets or deadlines. It reflects the Commission's ongoing stance that the current coordination system is adequate, and that any adjustments should come from Member States' implementation practices. The answer may disappoint those who have called for EU-level action to curb perceived abuses, but it aligns with the Commission's long-standing approach of preserving the integrity of the single market while respecting national competences in social policy.
Stakeholders affected include economically non-active EU citizens who move between Member States, who may face fees or restrictions when accessing host-state benefits; national social security authorities, which retain responsibility for enforcement and may need to step up anti-fraud efforts; and EU workers who benefit from free movement, whose rights remain unchanged. Businesses and employers, particularly those with cross-border workforces, may see no change in their obligations, but could face continued administrative complexity in applying different national rules. The Commission's refusal to introduce new safeguards means that the current balance between free movement and fiscal sustainability remains intact, with no immediate policy shift on the horizon.