The Agreement on the Free Movement of Persons: From the (Almost) Complete Integration of EU acquis on Social Security Coordination to the Absence of Integration of Directive 2004/38

Pauline Melin

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Chapter 2 The Agreement on the Free Movement of Persons

From the (Almost) Complete Integration of EU acquis on Social Security Coordination to the Absence of Integration of Directive 2004/38

In: Switzerland and the EU

Author:

Pauline Melin

Pauline Melin
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Type:: Chapter

Pages:: 68–96

DOI:: https://doi.org/10.1163/9789004529984_004

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Abstract

This chapter examines the Agreement on the free movement of persons (AFMP) between the EU and Switzerland. After a discussion on the AFMP’s unique political and legal framework, the chapter focuses on two aspects of the integration of EU acquis on the free movement of persons after the signature of the AFMP: on the one hand, the (almost) complete integration of the EU social security coordination rules in Annex II and, on the other hand, the lack of integration of the EU Citizens’ Rights Directive 2004/38 into the acquis of the AFMP. Particular attention is devoted to the social security rights of frontier workers and access to social assistance for job-seekers. The aim is to understand, through these case studies, why the AFMP continues to be a contentious piece of the integration process between the EU and Switzerland.

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Switzerland and the EU

A Challenging Relationship

Series: Studies in EU External Relations, Volume: 20

E-Book ISBN:: 9789004529984

Publisher:: Brill | Nijhoff

Print Publication Date:: 01 Mar 2023

Subjects
- International Law

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Chapter 2 The Agreement on the Free Movement of Persons

From the (Almost) Complete Integration of EU acquis on Social Security Coordination to the Absence of Integration of Directive 2004/38

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Switzerland and the EU

A Challenging Relationship

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