The EFTA Surveillance Authority (ESA) has launched infringement proceedings against Norway for not respecting EEA rules on the coordination of social security systems and on the free movement of persons by barring sickness benefits from being paid when recipients go to other EEA states.
Article continues below
Norway currently requires individuals to stay in Norway to be eligible for certain sickness benefits. While recipients of these benefits may be allowed to travel abroad occasionally thus allowing for the export of benefits this requires a prior authorisation from the Norwegian Labour and Welfare Administration (NAV).
Approval is subject to several stringent conditions, including a maximum limit on the amount of time recipients can spend in other EEA states. Such conditions are contrary to EEA law, specifically rules covering the coordination of social security systems and free movement.
ESA decided to launch an investigation looking into relevant Norwegian law after Norway acknowledged, in October 2019, that it had wrongfully applied EEA rules by restricting the free movement of recipients of three types of sickness benefits. In ESA’s view, Norway continues to wrongfully restrict the EEA law rights of recipients of sickness benefits by requiring them to stay in Norway without due justifications.
The letter of formal notice sent to Norway is the first step in an infringement procedure against an EEA EFTA State. The Norwegian government now has two months to express its views before ESA decides whether to take the case further.
“This is the beginning of a formal process. We wish to have a constructive dialogue and find a solution within the framework of the EEA Agreement,” said ESA President Bente Angell Hansen.
In addition to launching infringement proceedings in this case, ESA has opened a new case to explore whether Norway provides appropriate remedies for individuals affected by the wrongful application of EEA law beyond the current Norwegian legal framework, going back to 1994. In that case, ESA has now sent a request for information to Norway. ■
Predominant upper-level ridging stretching from the Southwest to the southern High Plains will allow for another day of record-breaking heat across parts of Nevada and Arizona today.