Social security agreements (SSAs) in practice

2018 ◽  
pp. 31-55
Author(s):  
Atul Kumar Tiwari ◽  
Dhananjay Ghei ◽  
Prerna Goel
Keyword(s):  
Social Security ◽  
Security Agreements

scholarly journals National approaches of EU Member States in concluding bilateral social security agreements with third countries

2018 ◽  
Vol 20 (2) ◽  
pp. 148-161
Author(s):  
Bernard Spiegel
Keyword(s):  
Social Security ◽  
European Commission ◽  
Member States ◽  
Bilateral Agreements ◽  
Common Features ◽  
Eu Member States ◽  
Exchange Of Information ◽  
The Future ◽  
The Eu ◽  
Security Agreements

For EU Member States like Austria, the EU Regulations on the coordination of social security schemes are the focus of academic and political attention. They deal with many cases and are usually very complex. They are supervised by the European Commission and the CJEU. Compared to these EU rules, bilateral agreements with third countries are treated as step-children. They do not get the academic and political attention they deserve, taking into account their importance in practice. They have common features compared to the EU rules, but there are also remarkable differences in the texts and their interpretation. The differences sometimes lead to practical problems of application and interpretation in the EU Member States. Based on Austrian experiences, all these aspects are elaborated in this article. Enhanced cooperation and exchange of information between the EU Member States in the future could help to improve the negotiating position of these countries and also guarantee greater esteem for the bilateral agreements.

Member States’ approaches to bilateral social security agreements

2018 ◽  
Vol 20 (2) ◽  
pp. 129-147 ◽  
Author(s):  
Grega Strban
Keyword(s):  
Social Security ◽  
Coordination Mechanism ◽  
Social Security Systems ◽  
Security Systems ◽  
Member States ◽  
Migration Patterns ◽  
Eu Member States ◽  
Coordination System ◽  
Scope Of Application ◽  
Security Agreements

Bilateral social security agreements are the oldest instruments which provide social security entitlements to persons moving between the countries. EU Member States’ approaches to distinctive bilateral agreements with Non-EU States are analysed herein. Bilateral social security agreements are not only the oldest coordination instruments, but remain the most important ones linking social security systems of MS and Non-EU States. They are tailored to the social security systems of the two contracting states. Nevertheless, bilateral social security agreements might be neither comprehensive in their scope of application nor complete in covering all coordination principles. Moreover, they do not create a uniform coordination system. Under the modified migration patterns - i.e. movements for shorter period of time and between many countries - a more comprehensive social security coordination mechanism might be required.

scholarly journals Access to Social Protection by Immigrants, Emigrants and Resident Nationals in Tunisia

2020 ◽  
pp. 363-374
Author(s):  
Laura Gelb ◽  
Mohamed Ali Marouani
Keyword(s):  
Developing Countries ◽  
Social Security ◽  
International Organizations ◽  
Social Insurance ◽  
Social Protection ◽  
Protection System ◽  
Easy Task ◽  
Security Agreements

AbstractTunisia is one of the developing countries which invested the most in its social protection system and upgraded it regularly since independence to include a larger share of the population. Given the importance of emigration for the Tunisian economy and society, various bilateral social security agreements have been signed with the main countries of destination to guarantee the rights of Tunisian emigrants. The Tunisian social security ensures the same entitlements as nationals to foreign residents who have formal contracts and contribute to social insurance. However, getting these contracts is not an easy task for foreigners. Undocumented foreigners do not have any entitlements and must rely on the support of NGOs or international organizations.

scholarly journals TERMINOLOGY OF INTERNATIONAL AGREEMENTS WITH THE PARTICIPATION OF UKRAINE (ON THE EXAMPLE OF SOCIAL SECURITY AGREEMENTS)

2021 ◽  
pp. 237-244
Author(s):  
H. S. Phedinyak
Keyword(s):  
Social Security ◽  
International Law ◽  
International Agreements ◽  
Private Law ◽  
Private International Law ◽  
International Agreement ◽  
Bilateral Agreements ◽  
Foreign Text ◽  
Security Agreements

Ukraine is a party to many international agreements. International bilateral agreements on social security are among them. These contracts, like any other, must be of good quality. The quality of international agreements is achieved through the use of legislative techniques. Legislative technique involves the correct use of terminology. This article analyzes, in particular, the provisions of the Agreement between Ukraine and the Portuguese Republic on Social Security of 7 July 2009 and the Agreement between Ukraine and the Kingdom of Spain on Social Security of 7 October 1996 and demonstrates incorrect use of terminology in their text. The text of these international bilateral agreements needs to be changed. Some of the conclusions: the language of the international agreement with the participation of Ukraine must comply with the principles of scientificity and publicity. Legal terminology should not be confused with commonly used terms. Terms of private international law are mandatory for use in international agreements involving Ukraine, the rules of which regulate private law relations with a foreign element. No need to use unnecessary words in the text of an international agreement. It is not always advisable to translate the foreign text of an international agreement literally. The text of an international agreement should not be confusing, superficial. It should be complete, comprehensive, and concise. Each norm must be completed and meet the objectives of the international agreement.

scholarly journals National approaches of EU Member States in concluding bilateral social security agreements with third countries

2018 ◽  
Vol 20 (2) ◽  
pp. 162-172
Author(s):  
Frans Pennings
Keyword(s):  
The Netherlands ◽  
Social Security ◽  
Member States ◽  
Bilateral Agreements ◽  
Eu Member States ◽  
History Of ◽  
Over Time ◽  
Security Agreements

This article describes the history of policies for making bilateral agreements by the Netherlands, a country with considerable migration to and from over time and one of the founding states of the EEC. For this reason, the characteristics of the agreements made and the main developments over time can provide a mirror for discussion of the bilateral agreements of other Member States. The development of the reasons of making bilateral agreements are described and this makes it possible to distinguish several generations of agreements. It is contended that this is useful in describing the agreements made by other countries.

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