Keywords
Summary

Keywords

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Social security for migrant workers ° Legislation of a Member State within the meaning of Article 1(j) of Regulation No 1408/71 ° Concept ° Social security convention concluded between a single Member State and a non-member State ° Excluded ° Convention incorporated as statute law into the domestic legal order ° No effect

(Regulation No 1408/71 of the Council, Art. 1(j))

Summary

It follows from the provisions of Regulation No 1408/71 that the only international social security conventions which fall within its field of application are those to which at least two Member States are contracting parties and that the regulation applies to conventions concluded with one or more non-member States only in so far as relations between Member States are concerned. On the other hand, no provision of the regulation covers conventions concluded between a single Member State and one or more non-member States, either as regards the question whether and to what extent the scheme of the regulation is to replace them or as regards the application of the principle of equal treatment. It must therefore be concluded that the regulation was intended to exclude such conventions from its field of application.

In those circumstances Article 1(j) of Regulation No 1408/71 must be interpreted as meaning that the concept of "legislation" referred to in that article does not cover the provisions of international social security conventions concluded between a single Member State and a non-member State. That interpretation is not invalidated by the fact that such conventions have been incorporated, as statute law, into the domestic legal order of the Member State concerned.