Introduction to European Social Security Law

Introduction to European Social Security Law PDF

Author: Frans Pennings

Publisher: Intersentia nv

Published: 2003

Total Pages: 415

ISBN-13: 9050953360

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The social security of the European Union (EU) has become of vital significance for persons living or working in a EU Member State. The creation of the European Economic Area and near accession of the candidate Members (East European countries) has further increased the relevance of this law. This book describes EU social security law, beginning with the rules relevant to migrant workers. Coverage includes Regulations 1408/71 and 574/72 and the case law of the Court of Justice of the EC. The book analyses the contributions of these judgments to the developments of coordination law and to the realisation of the objective of free movement of workers. In this respect the relation of the Regulation and the EC Treaty, which is shown in for instance the Kohll and Decker judgments, is analysed. Special attention is paid to the Proposal for Simplification and Modernisation of Regulation 1408/71. A second main part of EU social security law is the law on equal treatment of men and women. The Court of Justice issued several main decisions, of which the Barber judgment is a wellknown example. Since then, the case law has been further developed and this book helps the reader to understand the present state of affairs. A separate chapter analyses the combat against social exclusion of the EU and the instruments developed for this purpose. This is the completely revised and updated fourth edition of an authoritative book.

Social Security Pension Reform in Europe

Social Security Pension Reform in Europe PDF

Author: Martin Feldstein

Publisher: University of Chicago Press

Published: 2009-02-15

Total Pages: 515

ISBN-13: 0226241912

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Social Security in the United States and in Europe is at a critical juncture. Through the essays assembled in Social Security Pension Reform in Europe, Martin Feldstein and Horst Siebert, along with a number of distinguished contributors, discuss the challenges facing Social Security reform in the aging societies of Europe. A remarkable range of European nations—Germany, France, Finland, the Netherlands, Poland, Romania, Italy, Sweden, the United Kingdom, and Hungary—have implemented or are about to implement mixed Social Security systems that combine a traditional defined benefit of the pay-as-you-go system with an individual retirement account defined contribution of a capital-funded system. The essays here highlight the problems that the European pension reform process faces and how it differs from that of the United States. This timely volume will significantly enrich the debate on pension reform worldwide.

European Social Security Law

European Social Security Law PDF

Author: Frans Pennings

Publisher:

Published: 2015

Total Pages: 0

ISBN-13: 9781780683102

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In the past decades the coordination of social security provisions of the European Union have become of vital importance. This book gives a clear overview of the main lines and main developments of this significant part of EU law. On 1 May 2010 a new Coordination Regulation on social security for migrant workers, Regulation 883/2004, came into force. Since then there has been important case law and there have been very interesting developments, in particular in the area of posting of workers and the influence of the Treaty on the interpretation of coordination provisions. Also the development of the concept of EU citizenship has had an important impact on access to social rights. This book gives a clear overview of these developments, their effects on national case law and the differences with the old coordination Regulation. A second main part of EU social security law is that of social policy. In this book the main developments of the equal treatment law of men and women are explained and in addition the present social policy measures and the instruments employed in this area are outlined.

Social Security Cases in Europe

Social Security Cases in Europe PDF

Author: Danny Pieters

Publisher: Intersentia nv

Published: 2006

Total Pages: 427

ISBN-13: 9050955711

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What social security rights are there for illegal workers? To what extent can health care services be refused by the beneficary, and to what extent can coverageof health care services be refused by social security bodies? This casebook is composed of two main parts. The first gives an overview of the ways related cases were decided by national courts in a number of European contries. In the second part the reader finds the crucial parts of the court decisions in about sixty cases. The decisions are published in their original language with a summary in English.

Social Security as a Human Right

Social Security as a Human Right PDF

Author: Ana Gómez Heredero

Publisher: Council of Europe

Published: 2007

Total Pages: 76

ISBN-13: 9789287162618

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There is no mention in the European Convention on Human Rights of rights in the field of social security. Nevertheless, the Convention does protect certain of these rights which come into its area of application and this study sets out to explain how. It also examines recent developments in the relevant case-law of the European Court of Human Rights which, as well as affording procedural guarantees, has widened and strengthened the material protection of specific rights. In addition, examples are given of measures taken in the member states following judgments of the Court in cases concerning social security. This sort of judgment is becoming more common, giving the Convention an ever-expanding social aspect which has an important impact at national level.

Social Security Cases in Europe

Social Security Cases in Europe PDF

Author: Klaus Kapuy

Publisher:

Published: 2007

Total Pages: 0

ISBN-13: 9789050957113

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What aspects of social security are covered by the European Convention on Human Rights? What obligations does a State have in the field of social security to safeguard the rights guaranteed in the Convention? To what extent can a national right to a social security benefit constitute a civil right or even a property right as protected by the Convention? This casebook addresses these questions. It is composed of two main parts. The first gives an overview of the complaints in the field of social security which were brought forward to the European Commission of Human Rights or the European Court of Human Rights. These cases are clustered into six themes: reduction, loss or refusal of benefits; duty to pay social security contributions; equality; illegal migrants; medical treatment; and fair trial. In the second part the reader finds the relevant extracts of the reports, decisions and judgments of more than 90 selected cases before the Strasbourg organs. This book highlights the role of the European Convention on Human Rights in social security matters. It is useful both for further research and education. Moreover, law students as well as legal practitioners will benefit from this case collection as a reference book.

Social Security

Social Security PDF

Author: Ana Gómez Heredero

Publisher: Council of Europe

Published: 2009-01-01

Total Pages: 248

ISBN-13: 9789287165794

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What international and European legal instruments protect the right to social security? What are the obligations which states have assumed under these instruments? How is their application monitored? What are the trends in national legislation in relation to the standards of the European Code of Social Security and its protocol, the main Council of Europe instruments in the social security field? Is social security considered as a human right and how has the case law of the European Court of Human Rights developed in this area? These are some of the key issues addressed in this publication, where the code and its protocol are viewed against the background of other standard-setting instruments, developments at national level and human rights.

Social Security Law in Small Jurisdictions

Social Security Law in Small Jurisdictions PDF

Author: Danny Pieters

Publisher: Springer Nature

Published: 2021-08-18

Total Pages: 329

ISBN-13: 3030782476

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The book examines whether small jurisdictions (states) are confronted with specific issues providing social security and how to deal with these issues. How is social security law impacted by the smallness of the jurisdiction? First, the author examines the key concepts ‘small jurisdiction’ and ‘social security’ as he understands them in the present research. He then pays some attention to the relation between social security and social security law and subsequently makes an excursion to explore the notion of legal transplants. In the second part, the author first examines the main features characterizing small states according to the general literature on small states, focusing on features which may be relevant to social security. He also includes an overview of the (limited) literature dealing with the specific social security issues small jurisdictions have to deal with. In other words, the second part provides the reader with the status quaestionis. In the third part, the author takes a look at the social security systems of 20 selected small jurisdictions. He does so according to a uniform scheme, in order to facilitate their comparison. These 20 case studies allow him in a next part to test the correctness of the statements made in Part 2. In the fourth part, he compares the social security systems of the 20 small jurisdictions. He draws conclusions as to the main question, but also to test the validity of the current literature on the topic as described in Part 2. Special attention goes to the use of legal transplants for the definition of the personal scope of social security arrangements. In the concluding part of the book, the author formulates some suggestions for the benefit of the social security systems of the small jurisdictions, based on his research.

Practical Issues of European Social Security Law

Practical Issues of European Social Security Law PDF

Author: Stamatia Devetzi

Publisher: Ibidem Press

Published: 2022-07-04

Total Pages: 0

ISBN-13: 9783838217062

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The European social security law, i.e. the European regulations on the coordination of social security for migrant workers, has been evolving for over 60 years. This book is the result of a dialogue between academia and practitioners in Germany and Greece on practical issues regarding the implementation of the coordination regulations. On the one hand, it reviews the recent case law of the European Court of Justice (ECJ) on the interpretation of EU social security law. On the other hand, the book provides accounts of how specific issues are resolved by and between national social security institutions. It explores the exchange of experiences of various administrative authorities, both within and outside the reflection of the ECJ's existing case law. Furthermore, the discussion on transnational social security rights in the EU and on issues such as the posting of workers or platform work highlight the existing and future--practical--challenges in this field.

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