JSIS: USF call for a full application in all Member states
USF fully endorses the point of view expressed by the Joint Sickness Insurance Scheme (JSIS) management committee. These principles do also apply to sickness insurances of staff of other international organisations on the EU territory. USF calls for a full application of these principles in all member states, and invites the European Commission to take the necessary steps to ensure their respect.
Active staff and pensioners in all EU institutions and agencies are often confronted with problems of access to health care, healthcare tariffs which substantially exceed the rates applicable to national insured persons with the health care providers practicing on the national territory, and, where they practice health care activities remunerated after the end of their active service, to the levying of contributions on their pay even though they are covered by the social security system (JSIS).
In practice, it is often difficult to find solutions because the legal framework in which the Joint Sickness Insurance Scheme (JSIS) operates is often poorly included. This note seeks to clarify the legal position of the JSIS vis-à-vis of the legislation of the Member States, without going into the specificities of each one
The JSIS stems both from the European Civil Service Staff Regulations (Regulation 31 of the Council of 18.12.1961) and the Protocol on the Privileges and Immunities of the Union European. The JSIS is a public health insurance scheme. The special legal status of this sickness insurance scheme has the effect that it is not in Council Regulation 1408/71 establishing a system for the coordination of the implementation of the social security. The main causes of difficulties in access to healthcare, over-pricing and double taxation are contribution lies in the autonomy of the sickness insurance scheme for civil servants, and European Union Agents (JSIS) in relation to national security regimes of the Member States.
This problem of access to healthcare, over-pricing and double contributions is in the process of being resolved. contradiction with the legal principles discussed below. The Court of Justice of the European Union noted in paragraph 45 of its judgment of 6 December 2001 in Case C-197/99, that December 2016 in Case C-690/15 (de Lobkowicz) that statutory staff is subject to a compulsory contribution under Article 72 of the Staff Regulations of Officials and may not be subject to any obligation to pay contributions to or join a scheme national social security system. The JSIS fulfils all the functions of a national social security system.
The Court of Justice of the European Union in its judgment of 3 October 2000 in Case C-411/98 (Ferlini) points out that the application to European civil servants of the higher medical fees than those applicable to residents affiliated to the scheme national social security system constitutes discrimination on the basis of nationality, prohibited by the provisions of the EU Treaty, and is contrary to the free movement of people.
An infringement procedure under Article 258 of the TEU on the operation of the European Union can be launched against any national practice contrary to the principle of non-discrimination. Member States’ national legislation must allow affiliated to the JSIS to have the same access to healthcare (recognition of the certificate of cover issued by the JSIS) and must provide for the benefit of the said policyholders a
non-discriminatory pricing compared to the pricing enjoyed by an affiliate of the national health insurance system.
In accordance with the principle of loyal cooperation referred to in Article 4(3) of the TEU, the Member States must take any general or specific measures specific to to ensure fulfilment of the obligations arising out of the Treaties, or resulting from the acts of the institutions of the Union.
The JSIS is a public health insurance scheme. The Member States of the Union European Union have the obligation to take adequate measures to avoid any discrimination regarding access to and pricing of health care for JSIS members on their territory. Member States must also refrain from submitting the persons subject to the JSIS to an obligation to contribute to the insurance scheme national disease, even if these people are engaged in paid work.
Bernd Loescher (President of USF)