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Document 12012E048

    Consolidated version of the Treaty on the Functioning of the European Union
    PART THREE - UNION POLICIES AND INTERNAL ACTIONS
    TITLE IV - FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL
    Chapter 1 - Workers
    Article 48
    (ex Article 42 TEC)

    OJ C 326, 26.10.2012, p. 67–67 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Legal status of the document In force

    ELI: http://data.europa.eu/eli/treaty/tfeu_2012/art_48/oj

    26.10.2012   

    EN

    Official Journal of the European Union

    C 326/1


    CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

    PART THREE

    UNION POLICIES AND INTERNAL ACTIONS

    TITLE IV

    FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL

    CHAPTER 1

    WORKERS

    Article 48

    (ex Article 42 TEC)

    The European Parliament and the Council shall, acting in accordance with the ordinary legislative procedure, adopt such measures in the field of social security as are necessary to provide freedom of movement for workers; to this end, they shall make arrangements to secure for employed and self-employed migrant workers and their dependants:

    (a)

    aggregation, for the purpose of acquiring and retaining the right to benefit and of calculating the amount of benefit, of all periods taken into account under the laws of the several countries;

    (b)

    payment of benefits to persons resident in the territories of Member States.

    Where a member of the Council declares that a draft legislative act referred to in the first subparagraph would affect important aspects of its social security system, including its scope, cost or financial structure, or would affect the financial balance of that system, it may request that the matter be referred to the European Council. In that case, the ordinary legislative procedure shall be suspended. After discussion, the European Council shall, within four months of this suspension, either:

    (a)

    refer the draft back to the Council, which shall terminate the suspension of the ordinary legislative procedure; or

    (b)

    take no action or request the Commission to submit a new proposal; in that case, the act originally proposed shall be deemed not to have been adopted.


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