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The Protection of Social Security Rights of Third Country Workers among European Union Law, the European Convention on Human Rights and Italian Law

Michela Cavallini

The article deals with the protection of social security rights of third country workers in EU law, with a final focus on its influence on Italian law.

The rights of this category of people are going to be more and more important in the framework of a European common policy on migration as set out by Lisbon Treaty. Before its entry into force, however, some progress could be made as shown by the latest proposals of the European Commission for the enjoyment of a basic set of rights for those who legally reside in Member States and for the full implementation of relevant provisions in bilateral agreements.

The analysis is therefore focused on the equal treatment of third country workers for the enjoyment of social security rights in Association and Cooperation Agreements between the EU and their countries of origin (Turkey, Morocco, Tunisia and Algeria) and the relevant case law of the European Court of Justice, which is compared with the case law of the European Court of Human Rights on the same category of rights.

Moreover, the ageing of migrants makes their equal treatment in social security an issue that can be no more underestimated even in those States where immigration is a more recent phenomenon.

Lastly, the article deals with pertinent provisions contained in Italian immigration law and bilateral agreements, underlining some examples of relevant case law and the role of aid societies established by trade unions.