Keywords
Summary

Keywords

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1.Free movement of persons - Derogations - Employment in the public service - Concept - Participation in the exercise of powers conferred by public law and in the safeguarding of the general interests of the State - Foreign-language assistants in universities

( EEC Treaty, Art . 48(4 ) )

2.Free movement of persons - Workers - Equal treatment - Conditions of employment - Limit on the duration of the employment relationship applicable specifically to foreign-language assistants in universities - Disguised discrimination - Impermissible

( EEC Treaty, Art . 48(2 ) )

3.Social security for migrant workers - Equal treatment - Social security cover - Exclusion of a category of workers consisting largely of nationals of other Member States - Impermissible

( Council Regulation No 1408/71, Art . 3 )

Summary

1.Since it does not involve direct or indirect participation in the exercise of powers conferred by public law and in the discharge of functions whose purpose is to safeguard the general interests of the State or of other public authorities and which therefore require a special relationship of allegiance to the State on the part of persons occupying them and reciprocity of rights and duties which form the foundation of the bond of nationality, employment as a teacher, in general, and as a foreign-language assistant at a university, in particular, is not employment in the public service within the meaning of Article 48(4 ) of the EEC Treaty .

2.The principle of equal treatment of which Article 48(2 ) is one embodiment and which prohibits not only overt discrimination based on nationality but all covert forms of discrimination which, by applying other distinguishing criteria, in fact achieve the same result precludes the application of a provision of national law imposing a limit on the duration of the employment relationship between universities and foreign-language assistants where there is in principle no such limit with regard to other workers .

3.Article 3 of Regulation No 1408/71 precludes a given category of workers, largely nationals of other Member States, such as foreign-language assistants in universities from being excluded from the social security scheme of a Member State which is in general available to other workers in that Member State .