SOCIAL SECURITY FOR TURKISH CITIZENS IN THE EUROPEAN UNION: The Scope of Association Council Decision EEC-Turkey No. 3/80 from the German Perspective

Abstract

Social Rights o f Turks in Germany have been a political and legal issue since the beginning ofthe recruitment ofTurkish workers by German companies in the years after 1960. The paperfocuses on the changes ofjudicial conflicts in different areas. At the beginning, questions of social protection for the aged were very much at thefore, as is evident in the disputes about the German-Turkish Social Security Agreement o f 1964 and its subsequent amendments (1969, 1974 and 1984) followed by the legal dispute at the Federal Constitutional Court about the refund ofpension scheme contributions. With the growing number of Turkish citizens living in Germany there has been a shift in the nature ofthe disputes: from pension-related social security claims to social law claims in national benefit law, particularly in the  field offamily benefits. The main objective ofthese disputes was to achieve greatest possible equality of treatment in social security for Turkish citizens staying permanently in Germany. With reference to ACD 3/80, which is based on the EEC- Turkey Association Agreement of 1963, there have been a number of illuminating rulings ofthe European Court ofJustice which are investigated in this paper. 

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