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Original Articles

Social security for EC migrants

Pages 33-47 | Published online: 01 Feb 2008
 

Abstract

This article will firstly consider the aims of EEC social security law and its relationship with national law. It will then examine the principle sources of EEC social security law and the scope of that law, in terms of the persons and the types of benefits covered by the legislation. Its limitations too will he considered, and the supplementary role played in respect of the right to social assistance by Regulation 16121 68 (Article 7(2)). It will consider the general principles of EEC social security law; the principle of non-discrimination on the grounds of nationality; of aggregation; of exportability; the rules against “unjust enrichment” (no overlapping of benefits), respect for legitimate expectations (no detriment), and the principles of non discrimination on the grounds of sex. It will examine the operation of the system, including the identification of the applicable law and the competent institutions and it will conclude with a look to the future, and the prospects for the harmonisation of national security law

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