Keywords
Summary

Keywords

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - ' PRESENT OR FUTURE ' NATIONAL RULES WITHIN THE MEANING OF ARTICLE 1 ( J ) OF REGULATION NO 1408/71 - CONCEPT - PROVISIONS IN FORCE BEFORE THE ADOPTION OF THE COMMUNITY REGULATIONS - EXCLUSION NOT PERMISSIBLE

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - INVALIDITY INSURANCE - PERIODS OF INSURANCE COMPLETED - LEGISLATION IN FORCE AT THE TIME WHEN THE WORKER WAS EMPLOYED - CESSATION BEFORE THE ADOPTION OF THE COMMUNITY RULES - DIFFERENT LEGISLATION IN FORCE AT THE TIME WHEN THE RISK MATERIALIZES - RIGHT TO BENEFITS

( REGULATION NO 1408/71 OF THE COUNCIL , ARTICLE 40 , ARTICLE 45 ( 3 ))

Summary

1 . THE STRUCTURE OF THE SYSTEM OF HARMONIZATION OF NATIONAL LEGISLATION ESTABLISHED BY THE REGULATION IS BASED UPON THE PRINCIPLE THAT A WORKER MUST NOT BE DEPRIVED OF THE RIGHT TO BENEFITS MERELY BECAUSE OF AN ALTERATION IN THE TYPE OF LEGISLATION IN FORCE IN A MEMBER STATE . THEREFORE THE CONCEPT OF ' PRESENT OR FUTURE ' MEASURES WITHIN THE MEANING OF ARTICLE 1 ( J ) OF REGULATION NO 1408/71 MUST NOT BE INTERPRETED IN SUCH A WAY AS TO EXCLUDE MEASURES WHICH WERE PREVIOUSLY IN FORCE BUT HAD CEASED TO BE SO WHEN THE SAID COMMUNITY REGULATIONS WERE ADOPTED .

2 . THE CONCEPT OF ' LEGISLATION ' CONTAINED IN ARTICLE 45 ( 3 ) MUST BE WIDELY INTERPRETED SO AS TO REFER BOTH TO MEASURES IN FORCE AT THE TIME WHEN THE RISK MATERIALIZES AND TO MEASURES IN FORCE AT THE TIME WHEN THE WORKER WAS SUBJECT TO THE LEGISLATION . FOR THE ACQUISITION OF A RIGHT TO BENEFITS ON THE BASIS OF ARTICLE 40 OF REGULATION NO 1408/71 PAYABLE BY AN INSTITUTION OF A MEMBER STATE REFERRED TO AT THE BEGINNING OF ARTICLE 45 ( 3 ) IT IS IN PRINCIPLE SUFFICIENT THAT A WORKER WHO IS SUBJECT TO THE LEGISLATION OF ANOTHER MEMBER STATE AT THE TIME WHEN THE RISK INSURED AGAINST MATERIALIZES OR , IF THIS IS NOT THE CASE , WHO HAS A RIGHT TO BENEFITS UNDER THE LEGISLATION OF ANOTHER MEMBER STATE , CAN ESTABLISH INSURANCE PERIODS OR , AT LEAST , PERIODS OF EMPLOYMENT AND/OR PERIODS TREATED AS SUCH COMPLETED UNDER A LEGISLATION WHICH , ALTHOUGH IN FORCE AT THE TIME WHEN THE WORKER WAS EMPLOYED , HAD CEASED TO BE IN FORCE BEFORE THE ADOPTION OF REGULATION NO 1408/71 , EVEN IF THAT LEGISLATION WAS OF A DIFFERENT TYPE FROM THAT WHICH IS IN FORCE AT THE TIME WHEN THE RISK MATERIALIZES .