EU and Belgium pass laws protecting UK expat and EU citizen's rights post-Brexit

In a bid to tackle the consequences of a possible Hard Brexit on EU nationals living in the UK and UK nationals living on the continent, on 22 February 2019 the Committee of Permanent Representatives in the EU (Coreper) approved a draft regulation on establishing contingency measures for social security coordination.

At the same time, the Belgian government submitted to parliament a draft bill specifying transitional measures for social security entitlements if no withdrawal agreement is concluded with the UK.

Both regulations aim to safeguard social security entitlements for people affected by a Hard Brexit - namely UK nationals and EU citizens who have been in a situation involving the UK.

According to these regulations, EU member states should continue applying the core principles of EU social security coordination (i.e. equality, assimilation and aggregation) for any situation that occurred before the UK’s withdrawal. These measures guarantee thereby that the EU and UK nationals will continue to benefit from their social security rights acquired before UK’s withdrawal from the Union.

In addition, the Belgian bill provides that EU rules will be applied in full until 31 December 2020. This bill, however, is subject to reciprocity.

In other words, if the UK does not grant reciprocal rights to Belgian expats in the UK after Brexit, the Belgian law should be considered inapplicable.

Lastly, both regulations will only enter into force if no withdrawal agreement has been concluded with the UK.


Gaël Chuffart, Partner, Brussels,

Yousra El Alaoui, Junior Associate,

Related : CMS Belgium


Click here to see the ad(s)
All articles European Law

Lastest articles European Law

Les services juridiques sont-ils soumis aux marchés publics ?

Sur question préjudicielle de la Cour constitutionnelle belge (arrêt n° 43/2018), la Cour de Justice a &e...

Les services juridiques sont-ils soumis aux marchés publics ? Read more

Juridische diensten blijven deels uitgesloten van regelgeving inzake overheidsopdrachten

In een arrest van 6 juni 2019 oordeelt het Hof van Justitie dat de uitsluiting voor juridische diensten in het kader van o...

Read more

Commitments MasterCard and Visa accepted by European Commission

The European Commission (the Commission) accepted commitments offered by MasterCard and Visa that would reduce inter-...

Commitments MasterCard and Visa accepted by European Commission Read more

New directive on contracts for the sale of goods

Numbers show that only 10% of EU retailers sell online to consumers in other EU countries, while differences in national c...

Read more

LexGO Network