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Social Security Co-Ordination Between the EU and Non-EU Countries

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ISBN-10: 9050959415

ISBN-13: 9789050959414

Edition: 2009

Authors: Danny Pieters, Paul Schoukens

List price: $55.00
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Description:

This book sheds an innovating light on a topic of major scientific as well as practical interest that has seldom been dealt with in a comprehensive way: the relations between EU and non-EU countries and nationals, as far as social security is concerned. T
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Book details

List price: $55.00
Copyright year: 2009
Publisher: Intersentia Uitgevers N.V.
Publication date: 7/13/2009
Binding: Paperback
Pages: 156
Size: 6.30" wide x 9.45" long x 0.50" tall
Weight: 0.748
Language: English

Preface
The European Co-Ordination of Social Security and Third Country Nationals
Introduction: What is the Aim of Co-ordination?
Some Third Country Nationals Have Always Been Covered: Members of The Family and Survivors. But this Only Involves a Limited Protection
Nationality Requirement for Employed and Self-Employed Persons in Order to Be Covered by Regulation 1408/71
New Political and Legal Context
Not all Problems Solved. What Does Regulation 859/2003 Mean in Practice?
Looking Forward. Regulation 1408/71 Will Soon Be Replaced by Regulation 883/2004. What Are the Consequences for Third Country Nationals?
Conclusions
Social Security Co-Ordination in the Agreements Between the EU and Mediterranean Countries, in Particular Turkey and the Maghreb Countries
Introduction
The association EEC-Turkey
Context
Decision 3/80 of the Association Council
The Legal Meaning of Decision 3/80
The Direct Effect of Article 3 of Decision 3/80
Significance of the Principle of Non-Discrimination Contained in Article 3 of Decision 3/80
Significance of Article 9 of the Association Agreement
Possible Direct Effect of Other Provisions of Decision 3/80, in Particular the Principle of Export of Benefits of Its Article 6
The Agreements with the Maghreb Countries
Agreements Concluded in 1976
ECJ's Case Law on These Cooperation Agreements
The Direct Effect and the Meaning of the Prohibition of Discrimination on Grounds of Nationality
The Concept of Social Security Within the Meaning of the Cooperation Agreements
The Concept of Workers and of Members of the Family
Persons with Dual Nationality: The Mesbah Judgement
The Euro-Mediterranean Association Agreements Signed in 1995, 1996 and 2002
Their Meaning and Provisions on Social Security
The ECJ's Case Law on the Association Agreements With the Maghreb Countries
The Commission's Proposals of December 2007 to Implement These Agreements
Concluding Observations
Annex: List of Judgements of the ECJ Referred to
The Social Security Relations Between the EU and the EFTA States
Introduction
A Brief History of EU-EFTA Relations
The EEA Agreement
Basic Structure and Functioning of the Agreement
The EEA Acquis
A Brief Introduction to the Principle of Homogeneity
Social Security Co-Ordination Under the EEA Agreement
Third Country Nationals (TCN)
Special Non-Contributory Benefits
Reimbursement of Cross-Border Medical Treatment Based on the Provision of Services
The Concept of European Citizenship in the EEA
The EC-Swiss Bilateral Agreement on the Free Movement of Persons (FMA)
Basic Structure of the FMA and Its Scope
The FMA and Its Interpretation
The FMA and Social Security Co-Ordination
Particularities for the Co-Ordination of Sickness and Unemployment Benefits
Third Country Nationals
Special Non-Contributory Benefits
Reimbursement of Cross-Border Medical Treatment Based on the Provision of Services
The Concept of European Citizenship Under the FMA
The EFTA Convention
Summary and Conclusion
Literature
Annex: The Two-Pillar Structure Under the EEA Agreement
The Existing Bilateral and Multilateral Social Security Instruments Binding EU States and Non-EU States
Introductory Remarks
Bilateral Agreements Binding EU and Non-EU States
The Evolution
Existing Bilateral Social Security Agreements
Material Scope of Application
Personal Scope of Application
Equality of Treatment
Determining the Applicable Legislation
Protection of Rights in Course of Acquisition
Protection of Acquired Rights
Principle of Good Administration
Promotion of Bilateral Agreements
Multilateral Instruments Binding EU and Non-EU States
Multilateral Instruments Agreed upon by the States Directly
United Nations
Norms of the International Labour Organisation
ILO Social Security Co-ordination Conventions
Other ILO Conventions
Multilateral Instruments of the Council of Europe
Social Security Co-ordination Instruments
Other Social Security Instruments
European Social Charter
European Convention of Human Rights
Stabilisation and Association Agreements
Concluding Thoughts
Bibliography
European and International Law in Relation to the Social Security of Irregular Migrant Workers
Introduction
Human Rights Law
Universal Level
General Human Rights Treaties
Specific Human Rights Treaties
European Level
Treaties on the Legal Status of Migrant Workers
Universal Level
European Level
Social Security Standard Setting Treaties
European Union Law
EC Regulation 1612/68
EC Directive 2004/81
EC Directive 2008/115
Conclusions
Bibliography