Keywords
Summary

Keywords

1. Social security for migrant workers - Community rules - Persons covered - Inclusion in Regulation No 1408/71 of stateless persons and refugees residing in the territory of one of the Member States and members of their families - Validity

(EEC Treaty, Art. 51 (later Art. 51 of the EC Treaty and now, after amendment, Art. 42 EC); Council Regulation No 1408/71, Arts 1 and 2(1))

2. Freedom of movement for persons - Workers - Community rules - Not applicable in a situation purely internal to a Member State

(Council Regulation No 1408/71)

Summary

1. The validity of Regulation No 1408/71, as amended and updated by Regulation No 2001/83, is not affected in so far as it includes in its personal scope stateless persons or refugees residing in the territory of one of the Member States and members of their families.

Regulation No 1408/71 is applicable to any worker, within the meaning of Article 1 thereof, who has the nationality of a Member State and finds himself in one of the situations involving international elements as provided for in the said regulation, as to members of his family.

The Council cannot be criticised for having, in the exercise of the powers which have been conferred on it under Article 51 of the EEC Treaty (later Article 51 of the EC Treaty and now, after amendment, Article 42 EC), also included stateless persons and refugees resident on the territory of the Member States in order to take into account the international obligations of those States. Coordination of national social security schemes, excluding stateless persons and refugees, would have meant that the Member States, in order to ensure compliance with their international obligations, had to establish a second coordination regime designed solely for that very restricted category of persons.

( see paras 55-58, operative part 1 )

2. Workers who are stateless persons or refugees residing in the territory of one of the Member States, and members of their families, cannot rely on the rights conferred by Regulation No 1408/71, as amended and updated by Regulation No 2001/83, where they are in a situation which is confined in all respects within that one Member State. Such is in particular the case where the situation of a worker has factors linking it solely with a non-member country and one single Member State.

( see paras 71-72, operative part 2 )