The special agreement for immigrants and its impact on the determination of the regulatory basis in pensions calculated pro rata according to Regulation EC 883/2004. Comments on the Judgment of the Court of Justice of the European Union of 28 June 2018, Case C-2/17 Crespo Rey

Abstract

In certain cases, migrant workers working in another state of the European Union sign a special agreement for migrants in order to secure a pension in Spain and to not lose the expectations of rights which they have in the Spanish social security system. The regulation of this special agreement states that the contribution basis will be the minimum one established by the Law on General State Budgets, which in the judgment of the Court of Justice of the European Union is incompatible with the principle of free movement of workers, as a Spanish worker who has chosen not to exercise the right to free movement can sign an ordinary special agreement and choose a basis higher than the minimum.