| |
| |
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 | |