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

    ISBN-10: 9050959415
    ISBN-13: 9789050959414
    Author(s): Danny Pieters, Paul Schoukens
    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  More...
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    Publisher: Intersentia Uitgevers N.V.
    Binding: Paperback
    Pages: 155
    Size: 6.00" wide x 9.25" long x 0.50" tall
    Weight: 0.682
    Language: English

    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

    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

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