Broadening of the scope of Regulation (EC) No 883/2004 and potential differential treatment of EU citizens

Priority question for written answer P-001453/2024
to the Commission
Rule 144
Ilhan Kyuchyuk (Renew)

On 25 July 2024, the Bulgarian National Assembly adopted at first reading an amendment to the Social Security Code by virtue of which, when within the period during which average daily pay or insurable earnings are determined, pension entitlements have accrued under the legislation of a country implementing the EU rules on the coordination of social security systems, the following shall be taken into account when determining the amount to be paid in unemployment benefit: 1) the income earned by the person concerned in their last job; 2) any income earned in the Republic of Bulgaria and in other countries over the 24 calendar months preceding the last month of employment insurance.

A group of members of the Bulgarian Assembly opposed the amendment, pointing out that it did not conform with an instrument of EU law, namely Regulation (EC) No 883/2004, which has direct effect and whose scope and requirements cannot be supplemented with national rules.

Under Regulation (EC) No 883/2004, the income from which the amount to be paid in unemployment benefit is calculated shall be the amount of the previous pay or insurable earnings received in respect of employment or self-employment.

In this connection:

• 1.Do the broader interpretation and additional requirements of the draft amendment conflict with the principle of the aggregation of periods and the general spirit of the rules under Regulation (EC) No 883/2004?
• 2.Would the additional requirements result in differential treatment with regard to the unemployment benefits for which Bulgaria has competence?

Submitted: 30.7.2024