Keywords
Summary

Keywords

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SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY SYSTEM OF REGULATIONS - REPLACEMENT OF SOCIAL SECURITY CONVENTIONS BETWEEN MEMBER STATES - MANDATORY NATURE

( REGULATION NO 3 OF THE COUNCIL, ARTICLE 5, ARTICLE 6 ( 2 ); REGULATION NO 1408/71 OF THE COUNCIL - ARTICLE 6 AND ARTICLE 7 )

Summary

UNDER ARTICLES 5 AND 6 OF REGULATION NO 3, THAT REGULATION REPLACED THE PROVISIONS OF SOCIAL SECURITY CONVENTIONS CONCLUDED BETWEEN MEMBER STATES . THIS RULE IS MANDATORY IN NATURE AND ALLOWS OF NO EXCEPTIONS, SAVE FOR THOSE CASES EXPRESSLY STIPULATED IN THE REGULATION . THE FACT THAT SUCH CONVENTIONS ARE MORE ADVANTAGEOUS TO PERSONS COVERED BY REGULATION NO 3 THAN THE REGULATION ITSELF IS NOT SUFFICIENT TO JUSTIFY AN EXCEPTION TO THIS RULE . ARTICLES 6 AND 7 OF REGULATION NO 1408/71 OF THE COUNCIL, BY VIRTUE OF THEIR CONTENT AND PURPOSE, ARE ANALOGOUS IN SCOPE AND EFFECT TO ARTICLES 5 AND 6 OF REGULATION NO 3 .