Interpretation of International Agreements on Social Security from the Perspective of “Relocation”, “Temporary Residence” and “Permanent Residence”
Bělohlávek, Alexander J.

Judgment of the Supreme Administrative Court of the Czech Republic (Nejvyšší správní soud České republiky) [NSS], File No. 6 Ads 56/2009-52 of 20 May 2010 (A.A.S., Citizen of Russian Federation Residing on a Long-term Basis in the Czech Republic (claimant) v. Czech Social Security Administration (Česká správa sociálního zabezpečení) (respondent))

Laws and Regulations Applied:

  • Agreement on Social Security between Czechoslovak Republic and Union of Soviet Socialist Republics of 2 December 1959: Article 2, Article 6, Article 7(1) and (3), Article II of Protocol to Agreement.
  • Agreement on Social Security between Czechoslovak Republic and German Democratic Republic of 1956
  • Agreement on Social Security between Czechoslovak Republic and Bulgaria of 1957
  • Agreement on Social Security between Czechoslovak Republic and Romania of 1957
  • European Social Charter (Original) and European Social Charter (Revised)
  • Charter of Fundamental Rights and Freedoms: Article 5, Article 14(4) and Article 30(1)
  • Regulation of European Parliament and of Council (EC) No. 883/04: Article 1(j) and (k)
  • Council Regulation (EEC) No. 1408/71 on Application of Social Security Schemes to Persons Moving within Community: Article 1(h) and (i)
  • Council Regulation (EC) No. 1346/2000 on insolvency proceedings
  • Resolution (72)1 Adopted by Committee of Ministers on 18 January 1972
  • Agreement between Czechoslovak Republic and Union of Soviet Socialist Republics on Transcarpathian Ukraine of 29 June 1945, Promulgated under No. 186/1946 Coll.
  • Agreement between Czechoslovak Republic and Union of Soviet Socialist Republics Regulating Right of Option and Mutual Relocation of Czech and Slovak Nationals Living in Former Volhynia Province in USSR of 12 April 1946
  • Agreement between Czechoslovak Republic and France on Social Security, Promulgated under No. 215/1949 Coll.: Section 2
  • Agreement between Czech Republic and Luxembourg, Promulgated under No. 18/2002 Coll. of Int. Treaties: Article 14, Article 15
  • Agreement between Czech Republic and Republic of Macedonia on Social Security, Promulgated under No. 2/2007 Coll. of Int. Treaties: Article 1(1), para. (5)
  • Convention of International Labour Organization No. 48 of 1935
  • Council of Europe Convention No. 78 of 1978 – European Convention on Social Security: Article 1(I)
  • Constitution of Czech Republic: Article 10
  • Vienna Convention on Law of Treaties (1969): Article 31(3)(b)
  • Government Regulation No. 168/1927 Coll. Implementing Customs Act
  • Act [of Czechoslovak Republic] No. 17/1947 Coll. on Recognition of Claims Granted by Foreign Social Security Authorities: Section 1
  • Act [CR] No. 326/1999 Coll., As Amended, on Residence of Aliens: Section 66 et seq.
  • Act [CR] No. 133/2000 Coll., As Amended, on Population Register: Section 10(1)
about the authors

Univ. Professor, Dr.iur., Mgr., Dipl. Ing. oec/MB, Dr.h.c. Lawyer admitted and practising in Prague/CZE (Branch N.J./US), Senior Partner of the Law Offices Bělohlávek, Dept. of Law, Faculty of Economics, Ostrava, CZE, Dept. of Int. and European Law, Faculty of Law, Masaryk University, Brno, CZE (visiting), Chairman of the Commission on Arbitration ICC National Committee CZE, Arbitrator in Prague, Vienna, Kiev etc. Member of ASA, DIS, Austrian Arb. Association. The President of the WJA – the World Jurist Association, Washington D.C./USA.

e-mail: office@ablegal.cz