This article deals with the social benefits allowable to the relatives of migrating workers in the EU. The analysis is based on the sentences of the Court of Justice, which proved extremely useful for assessing several conflicts and discrepancies in the applica- tion of the EC law in the area of social policy. Attaining to concurrent responsibility of the EC, the social policy leaves wide legislative autonomy to Member States, allowing different application of the European law and prejudice towards the no discrimination and free movement general principles. Through a better definition in the field of application of the social policy, the Court reinforced the right to social benefits for relatives of migrant workers. Moreover, it has established a new methodology for evaluating the efficacy of social assistance from a parental perspective, paying a greater attention to the family and to the fundamental rights of human beings. Such a new approach re-addressed the evolution of the sector law, starting with Regulation (EC) No. 1612/68 and Regulation (EC) No. 1408/71 and is currently based on Directive 2004/38/EC (of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States) and Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems. However, further efforts by the Court are required in order to achieve a better synthesis between EC and national laws toward a larger integration and equal opportunity in social assistance.

Previdenza e vantaggi sociali per i familiari dei lavoratori comunitari migranti e frontalieri secondo la Corte di giustizia

Micaela Falcone
2009

Abstract

This article deals with the social benefits allowable to the relatives of migrating workers in the EU. The analysis is based on the sentences of the Court of Justice, which proved extremely useful for assessing several conflicts and discrepancies in the applica- tion of the EC law in the area of social policy. Attaining to concurrent responsibility of the EC, the social policy leaves wide legislative autonomy to Member States, allowing different application of the European law and prejudice towards the no discrimination and free movement general principles. Through a better definition in the field of application of the social policy, the Court reinforced the right to social benefits for relatives of migrant workers. Moreover, it has established a new methodology for evaluating the efficacy of social assistance from a parental perspective, paying a greater attention to the family and to the fundamental rights of human beings. Such a new approach re-addressed the evolution of the sector law, starting with Regulation (EC) No. 1612/68 and Regulation (EC) No. 1408/71 and is currently based on Directive 2004/38/EC (of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States) and Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems. However, further efforts by the Court are required in order to achieve a better synthesis between EC and national laws toward a larger integration and equal opportunity in social assistance.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11589/5212
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