About the project
The misinterpretation of Norwegian social security law recently uncovered (the ‘NAV case’) has revealed gaps in the implementation of the personal freedom of movement provided for in the EEA Agreement. In particular, the right for service recipients residing in Norway to visit service providers established in other EEA states has been overlooked. The implications of this ‘passive’ right to provide services in the context of social security law are still being disputed. At the same time, the freedom to receive services could play a more significant role for Norwegian citizens than EU citizens because the EEA Agreement lacks the provisions on Union Citizenship in the EU Treaties.
The project is based on two research hypotheses:
- The misinterpretation of fundamental freedoms, as revealed by the ‘NAV case’, also affects other areas of social security law than the provisions related to sickness benefits.
- The problem of misinterpreting fundamental freedoms is not confined to the area of social security.
The purpose of the project is, firstly, to analyse the rules on personal freedom of movement in the EEA Agreement and examine whether these rules, when applied within the area of social security law, provide similar results as the provisions on the free movement of Union citizens in the EU. Secondly, the implementation of the rules on personal freedom of movement will be examined through a comparative analysis of two different areas of law: social security law and air law. The research seeks to provide insight into why the rules on personal freedom of movement have been misinterpreted and overlooked.
Objectives
The project’s main objective is to shed light on the rules in the EEA Agreement that expressly or indirectly provide personal freedom of movement and examine the implementation of these rules in Norway.
Funding
The project is funded by the Norwegian Ministry of Labour and Social Inclusion as a part of a national initiative to develop the research environment within social security law in the context of EU and EEA law.