Geldleistungen für Arbeitsmigranten in der Rechtsprechung des Europäischen Gerichtshofs am Beispiel der Verordnung (EWG) Nr. 1408/71
Cash benefits in favour of migrant workers in the jurisdiction of the Court of Justice of the European Union using the example of the Regulation (EEC) No 1408/71

Summary/Abstract: The regulation (EEC) No. 1408/71 applies to essential benefits of social security, but excludes i. a. social welfare benefits (art. 4 para. 1 resp. 4 of the regulation). To social security benefits in terms of the regulation count – for example referring to German measures – those which are granted related to advance payments of the beneficiaries, i. e. to those that depend on contributions, and to which beneficiaries are legally entitled. On the other side, the regulation clarifies that the inclusion of social benefits does basically not depend on the achievement of contributions (art. 4 para. 2 of the regulation), provided that social benefits belong to “social security” in terms of the regulation. The last mentioned item is, on the other hand, not defined by the regulation. Furthermore, such benefits are included from the outset that regularly show no reference to contributions, such as for example family benefits. In this situation, the Court of Justice of the EU brought decisive contributions to the conclusion that there are benefits that show as well attributes of social security as of social welfare. Such dual non-contributory cash benefits are basically included of the objective scope of the regulation, sub measure of art. 4 para. 2 a. The communitarian legislation has, in its essence, retraced the jurisdiction of the Court. But there are still conceptual and systematic problems so that the Court has to deal consistently with the subject matter. The respective jurisdiction will be reconstructed in the following article.

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