The social security co-ordination between the EU and non-EU countries

The contributions in this book shed 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. First, the internal co-ordination of the EU in relation to third country nationals is analyzed. The ways the social security systems of the EU Member States are being co-ordinated with those of the Mediterranean emigration countries are also examined. Additionally, the EU European Free Trade Association's social security arrangements are explored. An overview of the complex landscape of the existing bilateral and multilateral social security instruments binding EU states and non-EU states is provided. Finally, the book deals with the European and international law applicable to the social security of illegal foreign workers. These contributions were presented at a conference held in April 2009 in Leuven, celebrating the 10th anniversary of the Master of European Social Security.

Rob CornelissenHerwig VerschuerenBernhard ZaglmayerGrega StrbanKlaus Kapuy

Preface	p. ix
The European Co-Ordination of Social Security and Third Country Nationals	p. 1
1 Introduction: What is the Aim of Co-ordination?	p. 1
2 Some Third Country Nationals Have Always Been Covered: Members of The Family and Survivors. But this Only Involves a Limited Protection	p. 2
3 Nationality Requirement for Employed and Self-Employed Persons in Order to Be Covered by Regulation 1408/71	p. 4
4 New Political and Legal Context	p. 7
5 Not all Problems Solved. What Does Regulation 859/2003 Mean in Practice?	p. 10
6 Looking Forward. Regulation 1408/71 Will Soon Be Replaced by Regulation 883/2004. What Are the Consequences for Third Country Nationals?	p. 14
7 Conclusions	p. 16
Social Security Co-Ordination in the Agreements Between the EU and Mediterranean Countries, in Particular Turkey and the Maghreb Countries	p. 19
1 Introduction	p. 19
2 The association EEC-Turkey	p. 20
2.1 Context	p. 20
2.2 Decision 3/80 of the Association Council	p. 22
2.3 The Legal Meaning of Decision 3/80	p. 24
2.4 The Direct Effect of Article 3 of Decision 3/80	p. 25
2.5 Significance of the Principle of Non-Discrimination Contained in Article 3 of Decision 3/80	p. 27
2.6 Significance of Article 9 of the Association Agreement	p. 29
2.7 Possible Direct Effect of Other Provisions of Decision 3/80, in Particular the Principle of Export of Benefits of Its Article 6	p. 31
3 The Agreements with the Maghreb Countries	p. 34
3.1 Agreements Concluded in 1976	p. 34
3.2 ECJ's Case Law on These Cooperation Agreements	p. 36
3.2.1 The Direct Effect and the Meaning of the Prohibition of Discrimination on Grounds of Nationality	p. 36
3.2.2 The Concept of Social Security Within the Meaning of the Cooperation Agreements	p. 38
3.2.3 The Concept of Workers and of Members of the Family	p. 38
3.2.4 Persons with Dual Nationality: The Mesbah Judgement	p. 42
3.3 The Euro-Mediterranean Association Agreements Signed in 1995, 1996 and 2002	p. 45
3.3.1 Their Meaning and Provisions on Social Security	p. 45
3.3.2 The ECJ's Case Law on the Association Agreements With the Maghreb Countries	p. 47
3.3.3 The Commission's Proposals of December 2007 to Implement These Agreements	p. 48
4 Concluding Observations	p. 52
Annex: List of Judgements of the ECJ Referred to	p. 53
The Social Security Relations Between the EU and the EFTA States	p. 57
Introduction	p. 57
1 A Brief History of EU-EFTA Relations	p. 58
2 The EEA Agreement	p. 60
2.1 Basic Structure and Functioning of the Agreement	p. 60
2.2 The EEA Acquis	p. 61
2.3 A Brief Introduction to the Principle of Homogeneity	p. 62
2.4 Social Security Co-Ordination Under the EEA Agreement	p. 63
2.4.1 Third Country Nationals (TCN)	p. 64
2.4.2 Special Non-Contributory Benefits	p. 65
2.4.3 Reimbursement of Cross-Border Medical Treatment Based on the Provision of Services	p. 67
2.4.4 The Concept of European Citizenship in the EEA	p. 69
3 The EC-Swiss Bilateral Agreement on the Free Movement of Persons (FMA)	p. 70
3.1 Basic Structure of the FMA and Its Scope	p. 70
3.2 The FMA and Its Interpretation	p. 71
3.3 The FMA and Social Security Co-Ordination	p. 72
3.3.1 Particularities for the Co-Ordination of Sickness and Unemployment Benefits	p. 73
3.3.2 Third Country Nationals	p. 75
3.3.3 Special Non-Contributory Benefits	p. 75
3.3.4 Reimbursement of Cross-Border Medical Treatment Based on the Provision of Services	p. 77
3.3.5 The Concept of European Citizenship Under the FMA	p. 80
4 The EFTA Convention	p. 81
5 Summary and Conclusion	p. 82
Literature	p. 82
Annex: The Two-Pillar Structure Under the EEA Agreement	p. 84
The Existing Bilateral and Multilateral Social Security Instruments Binding EU States and Non-EU States	p. 85
1 Introductory Remarks	p. 85
2 Bilateral Agreements Binding EU and Non-EU States	p. 87
2.1 The Evolution	p. 87
2.2 Existing Bilateral Social Security Agreements	p. 88
2.2.1 Material Scope of Application	p. 89
2.2.2 Personal Scope of Application	p. 90
2.2.3 Equality of Treatment	p. 91
2.2.4 Determining the Applicable Legislation	p. 92
2.2.5 Protection of Rights in Course of Acquisition	p. 93
2.2.6 Protection of Acquired Rights	p. 94
2.2.7 Principle of Good Administration	p. 95
2.3 Promotion of Bilateral Agreements	p. 95
3 Multilateral Instruments Binding EU and Non-EU States	p. 97
3.1 Multilateral Instruments Agreed upon by the States Directly	p. 97
3.2 United Nations	p. 98
3.3 Norms of the International Labour Organisation	p. 99
3.3.1 ILO Social Security Co-ordination Conventions	p. 99
3.3.2 Other ILO Conventions	p. 102
3.4 Multilateral Instruments of the Council of Europe	p. 102
3.4.1 Social Security Co-ordination Instruments	p. 103
3.4.2 Other Social Security Instruments	p. 106
3.4.3 European Social Charter	p. 107
3.4.4 European Convention of Human Rights	p. 108
3.5 Stabilisation and Association Agreements	p. 109
4 Concluding Thoughts	p. 110
Bibliography	p. 111
European and International Law in Relation to the Social Security of Irregular Migrant Workers	p. 115
1 Introduction	p. 115
2 Human Rights Law	p. 117
2.1 Universal Level	p. 117
2.1.1 General Human Rights Treaties	p. 117
2.1.2 Specific Human Rights Treaties	p. 123
2.2 European Level	p. 126
3 Treaties on the Legal Status of Migrant Workers	p. 132
3.1 Universal Level	p. 132
3.2 European Level	p. 139
4 Social Security Standard Setting Treaties	p. 140
5 European Union Law	p. 142
5.1 EC Regulation 1612/68	p. 144
5.2 EC Directive 2004/81	p. 147
5.3 EC Directive 2008/115	p. 148
6 Conclusions	p. 150
Bibliography	p. 153

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