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Social Security, Social Assistance, And "Special Non-Contributory Benefits": The Never-Ending Story, Mel Cousins
Social Security, Social Assistance, And "Special Non-Contributory Benefits": The Never-Ending Story, Mel Cousins
Mel Cousins
This commentary looks at a number of recent cases concerning the definition of social security and, in particular, special non-contributory benefits under the EU regulation on social security for migrant workers, regulation 1408/71.
Free Movement Of Workers, Eu Citizenship And Access To Social Advantages, Mel Cousins
Free Movement Of Workers, Eu Citizenship And Access To Social Advantages, Mel Cousins
Mel Cousins
This article discusses developments in the European Court of Justice's approach to freedom of movement of workers and how that has been influenced by EU provisions on citizenship. It examines, firstly, the Court's interpretation of the circumstances in which a worker who has changed his or her residence (without altering the place of work) could rely on Article 39 EC (which concerns the rights of migrant workers). Secondly, it examines how the expansion of rights in this area is creating certain tensions between the legal provisions concerning the right to 'social advantages' - which include many social security benefits - …
The Commission V Council (Special Non-Contributory Benefits) Judgment, Mel Cousins
The Commission V Council (Special Non-Contributory Benefits) Judgment, Mel Cousins
Mel Cousins
This judgment concerns the definition of special non-contributory benefits which, although falling within the material scope of Regulation 1408/71, are not exportable under that Regulation. The Court held that a series of Finnish, Swedish and United Kingdom benefits to disabled persons were not ‘special’ benefits within the meaning of the Regulation.
Patient Mobility And National Health Systems, Mel Cousins
Patient Mobility And National Health Systems, Mel Cousins
Mel Cousins
In the last decade, there have been a number of very important judgments of the Court of Justice in relation to patient mobility under article 49 EC and public health systems. Until recently, however, these had referred only to hybrid and private insurance systems. An important question remained as to whether this line of caselaw applied to national health systems and, if so, in what manner. This has now been addressed by the Court of Justice in the Watts case, which concerned the UK national health system (NHS). This note discusses that case.