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Free Movement, Social Security and Gender in the EU

Free Movement, Social Security and Gender in the EU
Author: Vicki Paskalia
Publisher: Hart Publishing
Total Pages: 0
Release: 2007-07-31
Genre: Law
ISBN: 9781841136226

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This work examines the system of co-ordination of national social security laws in the European Union from a gender perspective. The central question that it raises concerns the level of social security protection enjoyed by women moving throughout the Union in cases of work interruption or marriage dissolution. Women's social security protection has traditionally been based on two criteria, namely economic activity and family/marriage. Work interruptions, in particular for child-rearing, challenge the invocation of economic activity as an effective basis for social security rights. Changing social and family conditions, including the emergence of atypical relationships and increasing divorce rates, challenge the criterion of family/marriage. Efforts have been made within the framework of the national systems of the Member States to address these challenges, often unsuccessfully. So, how successful has the European system of co-ordination, the aim of which is to provide a sufficient level of protection to migrant workers and their families, been in addressing these challenges? The book contains comprehensive discussion of the phenomenon and legal institution of social security, as well as a thorough analysis of the current state of European Community law concerning co-ordination, with a particular focus on gender. It identifies several problematic areas where solutions must be worked out and action taken. The book fills a gap in the legal literature on the social security field and will appeal to those with an interest in social security, including academics, policy-makers and practitioners.


Introduction to European Social Security Law

Introduction to European Social Security Law
Author: Frans Pennings
Publisher: Intersentia nv
Total Pages: 415
Release: 2003
Genre: Discrimination
ISBN: 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.


Research Handbook on European Social Security Law

Research Handbook on European Social Security Law
Author: Frans Pennings
Publisher: Edward Elgar Publishing
Total Pages: 626
Release: 2015-10-30
Genre: Law
ISBN: 1782547339

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The Research Handbook on European Social Security Law critically examines the various European dimensions of social security. The collection discusses a wide range of questions and dilemmas ensuing from the present state of European social security law, whilst at the same time identifying future lines of inquiry that are likely to dominate the discourse in the coming years. This Handbook encompasses numerous dimensions of European social security law, including: social security as a human right; standard setting in social security; the protection of mobile persons and migrants; as well as the global context of European social security law. It pays attention to both EU law and to various instruments of the Council of Europe. Throughout the book's chapters prominent experts analyse contemporary debates, discuss new challenges and point out further lines of research. Via this exploration, the Handbook provides a source of inspiration for the development of this special field of law. Covering a breadth of topic and research, scholars and practitioners alike will find this Research Handbook to be an invaluable source of information.


Basics on European Social Law

Basics on European Social Law
Author: Christina Hießl
Publisher: Linde Verlag GmbH
Total Pages: 182
Release: 2021-01-07
Genre: Law
ISBN: 3709411394

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European Social Law at a glance The present book sets out – in a concise manner – the social law of the European Union. Apart from core areas of European labour law, the regulation of which is based on the EU’s competence in social policy, it covers notably the numerous rights based one the free movement of workers and other EU citizens, as well as the coordination of social security. Beyond that, the book refers to other fields of EU regulation which are prone to cause conflicts between the member states’ national social law and the relevant EU norms, which remain challenging to resolve to this day. Extensive reference is made to the case law of the European Court of Justice, which continues to have a paramount role in shaping the social law of the EU as it stands. The book is primarily aimed at students confronted with European social law for the first time. Besides, it should constitute a well-structured source of reference for law practitioners in the rising number of cases where EU law is of relevance for national legal practice.


European Social Security Law

European Social Security Law
Author: Frans Pennings
Publisher:
Total Pages: 0
Release: 2010
Genre: Social security
ISBN: 9789050957298

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The social security of the EU has become of vital significance for persons living or working in an 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 completely revised and updated fifth edition 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 analyzes the contributions of these judgments to the developments of coordination law and to the realization of the objective of free movement of workers. In this respect, the relation of the Regulations and the EC Treaty, which is shown in, for instance the Kohll and Decker judgments, is analyzed. 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 well-known 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 analyzes the combat against social exclusion of the EU and the instruments developed for this purpose.


Boundaries of European Social Citizenship

Boundaries of European Social Citizenship
Author: Anna Amelina
Publisher: Routledge
Total Pages: 402
Release: 2019-10-10
Genre: Social Science
ISBN: 1000698068

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This edited collection contributes to studies of intra-EU migration and mobility, welfare, and European social citizenship by focusing on transnational labour movements from new to the old EU member states (Hungary–Austria, Bulgaria–Germany, Poland–UK and Estonia–Sweden). The volume provides a comparative analysis of formal organization and mobile individuals’ use of European social security coordination, which involves mobile Europeans' access to and portability of social security rights from the sending to the receiving country (and back). The book discloses the selectivity criteria of welfare provision in four areas (unemployment, family benefits, health insurance, and pensions) that lay at heart of European cross-border social security governance. It also identifies specific discourses of belonging (gendered, ethnicized/racialized and class-related images of ‘Us’ and ‘Them’) that frame the institutional selectivity by constructing images of mobile EUcitizens' ‘deserving’ or ‘non-deserving’ social membership. The collection offers a detailed examination of inequality experiences mobile EU citizens from the new EU countries encounter while accessing and porting social security rights across borders. It will be of interest to a wide range of social science and interdisciplinary researchers, students, and practitioners as well as those interested in intra-EU migration and mobility, social security, European social citizenship, and transnational studies.


The European Union and Social Security Law

The European Union and Social Security Law
Author: Jaan Paju
Publisher: Bloomsbury Publishing
Total Pages: 229
Release: 2017-08-24
Genre: Law
ISBN: 150991157X

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The aim of this book is to examine how EU law relates to and impacts on the national social security systems of the Member States. It asks three key questions. Firstly, it looks at how the internal market and its developments have eroded Member States' sovereignty over their social security systems, despite the fact that the EU has limited competence in the field. It then explores, secondly, how the Union Citizenship and, thirdly, the Charter of Fundamental Rights has affected the coordination of these regimes.


Free Movement, Social Security and Gender in the EU

Free Movement, Social Security and Gender in the EU
Author: Vicki Paskalia
Publisher: Bloomsbury Publishing
Total Pages: 366
Release: 2007-07-31
Genre: Law
ISBN: 1847313736

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This work examines the system of co-ordination of national social security laws in the European Union from a gender perspective. The central question that it raises concerns the level of social security protection enjoyed by women moving throughout the Union in cases of work interruption or marriage dissolution. Women's social security protection has traditionally been based on two criteria, namely economic activity and family/marriage. Work interruptions, in particular for child-rearing, challenge the invocation of economic activity as an effective basis for social security rights. Changing social and family conditions, including the emergence of atypical relationships and increasing divorce rates, challenge the criterion of family/marriage. Efforts have been made within the framework of the national systems of the Member States to address these challenges, often unsuccessfully. So, how successful has the European system of co-ordination, the aim of which is to provide a sufficient level of protection to migrant workers and their families, been in addressing these challenges? The book contains comprehensive discussion of the phenomenon and legal institution of social security, as well as a thorough analysis of the current state of European Community law concerning co-ordination, with a particular focus on gender. It identifies several problematic areas where solutions must be worked out and action taken. The book fills a gap in the legal literature on the social security field and will appeal to those with an interest in social security, including academics, policy-makers and practitioners.


The Oxford Handbook of European Union Law

The Oxford Handbook of European Union Law
Author: Anthony Arnull
Publisher: Oxford University Press
Total Pages: 950
Release: 2015-07-23
Genre: Law
ISBN: 0191653055

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Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.