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