21It should be remembered that EU law does not detract from the power of the Member States to organise their social security systems and that, in the absence of harmonisation at EU level, it is for the legislation of each Member State to determine the conditions for the grant of social security benefits. Nevertheless, the Member States must comply with EU law when exercising that power (see inter alia, to this effect, judgments in Kristiansen, C‑92/02, EU:C:2003:652, paragraph 31, and Elchinov, C‑173/09, EU:C:2010:581, paragraph 40).
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