European Journal of Social Security最新文献_第2页

Atypical work and residence in cross-border situations: The coordination of unemployment benefits 跨境情况下的非典型工作和居住：失业福利的协调

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European Journal of Social Security Pub Date : 2024-06-05 DOI: 10.1177/13882627241255023

Luka Mišič, G. Strban

{"title":"Atypical work and residence in cross-border situations: The coordination of unemployment benefits","authors":"Luka Mišič, G. Strban","doi":"10.1177/13882627241255023","DOIUrl":"https://doi.org/10.1177/13882627241255023","url":null,"abstract":"This article analyses the potential challenges related to the coordination of unemployment benefits under European Union law for persons whose employment or other economic activities and living arrangements are, in one way or another, dispersed across the territories of several EU Member States. Starting from the traditional cases of frontier workers and other cross-border (or mobile) workers, on the one hand, and remote work or telework, on the other, the article looks at the potential future of free movement in the EU under Regulation (EC) No. 883/2004 and its implementing regulation, Regulation (EC) No. 987/2009. New forms of work and work organisation, alongside new mobility and residency patterns, challenge the basic rules of lex loci laboris (the country of employment is competent) and lex loci domicilii (the country of residence is competent), especially when they collide in a single case. At the same time, unemployment benefits, which are at the heart of this debate, still remain subject to specific coordination (e.g. competence) rules that depart from the general legislation, possibly making effective provision in such cases even more difficult. The article gives a diverse collection of theoretical examples in which cross-border situations are either in themselves atypical and complex, or accompanied and made possible by new forms of work or work organisation, causing specific problems for the adequate and appropriate provision of unemployment benefits.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141386026","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Coverage for platform workers and the self-employed in case of unemployment in Switzerland: Access to protection and ways of improvement 瑞士平台工人和自营职业者的失业保障：获得保护和改进方法

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European Journal of Social Security Pub Date : 2024-05-22 DOI: 10.1177/13882627241256003

Sabrine Magoga-Sabatier

引用次数: 0

The principle of adequate social protection in the European Pillar of Social Rights: Assessing the instruments used to realise its potential 欧洲社会权利支柱中的充分社会保护原则：评估用于实现其潜力的文书

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European Journal of Social Security Pub Date : 2024-05-20 DOI: 10.1177/13882627241254613

Eleni De Becker

{"title":"The principle of adequate social protection in the European Pillar of Social Rights: Assessing the instruments used to realise its potential","authors":"Eleni De Becker","doi":"10.1177/13882627241254613","DOIUrl":"https://doi.org/10.1177/13882627241254613","url":null,"abstract":"Improving the social security protection of atypical workers has been high on the EU agenda in recent years. With the adoption of the European Pillar of Social Rights in 2017, the EU wished to break away from a decade of austerity measures. The EU further developed the right to adequate social protection in the Pillar through the Recommendation on access to social protection for workers and the self-employed. This instrument urges EU Member States to ensure adequate access to social protection for workers, regardless of their employment relationship, and the self-employed. As part of the EU's recovery strategy during and after the Covid-19 crisis, several financial instruments were developed to support EU Member States. Through the Temporary Support to Mitigate Unemployment Risks in an Emergency, EU Member States received support for job retention schemes. The EU also adopted the Recovery Resilience Facility, which provided grants and loans. Another support instrument was the European Social Fund Plus. This article discusses those recent EU initiatives, focusing on unemployment and the protection of atypical workers and the self-employed. With the introduction of the European Employment Strategy (1997), a closer link was made at EU level between unemployment, increasing labour market participation and activation measures. Less attention was paid to ensuring adequate unemployment protection. In recent years, however, it appears that the EU has been playing an increasing role in providing funding for temporary support and in introducing changes to EU Member States’ policies.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141120741","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Re-interpreting basic values underlying social security law in times of climate change and ecological crisis 在气候变化和生态危机时期重新诠释社会保障法的基本价值

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European Journal of Social Security Pub Date : 2024-05-20 DOI: 10.1177/13882627241254612

Anja Eleveld

{"title":"Re-interpreting basic values underlying social security law in times of climate change and ecological crisis","authors":"Anja Eleveld","doi":"10.1177/13882627241254612","DOIUrl":"https://doi.org/10.1177/13882627241254612","url":null,"abstract":"Shaping solidarity, guaranteeing basic subsistence, maintaining income and employment activation can be seen as basic values underlying social security law in many European welfare states. This article argues that the meaning of these values or concepts is determined by legitimating discourses within which they are interpreted. While so far Rawls's theory of justice and related egalitarian liberal philosophies have had a great impact on these discourses, the ecological crisis has given rise to new discourses which are inspired by neo-republican theory and green republicanism. Instead of legitimising a capitalist economy based on economic growth, these discourses promote a post-productive society that seeks to realise human flourishing and meaningful lives. The aim of this article is to contribute to the emerging debate on social security reform by explaining how neo-republican theory and green republicanism can fill social security law's basic values or concepts with meaning that is more in line with current ecological concerns. In contrast to previous contributions that have sought to rethink labour and social security law (‘social law’) in a way that is more compatible with our ecological and climate crisis, this article builds on Poststructuralist Discourse Theory to develop its argument.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141122025","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Establishing Healthcare Discrimination: An Analysis of Scandinavian Equality Boards 建立医疗保健歧视：斯堪的纳维亚平等委员会分析

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European Journal of Social Security Pub Date : 2024-05-15 DOI: 10.1177/13882627241249004

Katharina Ó Cathaoir

{"title":"Establishing Healthcare Discrimination: An Analysis of Scandinavian Equality Boards","authors":"Katharina Ó Cathaoir","doi":"10.1177/13882627241249004","DOIUrl":"https://doi.org/10.1177/13882627241249004","url":null,"abstract":"Discrimination in healthcare is a pervasive issue faced by patients, affecting their access to treatment and overall well-being. This article examines the forms of healthcare discrimination recognised by Scandinavian equality boards through a comparative analysis of their decisions. While social science studies have established the existence of discrimination based on ethnicity, race, gender, sexuality, and age, proving such discrimination in legal terms poses significant challenges. An analysis of board decisions reveals that patients face barriers in establishing legally actionable discrimination, as perceived discriminatory conduct may not meet the criteria for legal claims. Additionally, equality boards are often hesitant to intervene in medical decision-making processes, further complicating the path to legal recourse. Lack of evidentiary support, especially in cases of unconscious bias, makes it difficult for some patients to substantiate claims of discrimination. The findings underscore the complexities of addressing healthcare discrimination through legal means. To effectively combat discrimination, there is a need to clarify the goals of discrimination law in the healthcare context and consider its future application within the broader context of human rights and equality.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140977950","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Books Review: Western Welfare Capitalisms in Good Times and Bad by Bruce Headey, Ruud Muffels and John Quiggin 书评：布鲁斯-海迪、鲁德-穆菲尔斯和约翰-奎金著《顺境与逆境中的西方福利资本主义

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European Journal of Social Security Pub Date : 2024-05-15 DOI: 10.1177/13882627241248957

Mel Cousins

引用次数: 0

Social assistance and the end of poverty 社会援助与消除贫困

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European Journal of Social Security Pub Date : 2024-03-25 DOI: 10.1177/13882627241241469

Stine Jørgensen

引用次数: 0

Mapping social protection coverage for platform workers: A comparative analysis of Belgium, Italy and the Netherlands 绘制平台工人的社会保护覆盖图：比利时、意大利和荷兰的比较分析

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European Journal of Social Security Pub Date : 2024-03-21 DOI: 10.1177/13882627241236489

Eleni De Becker, Hyojin Seo, Valeria Pulignano, Paul Schoukens

{"title":"Mapping social protection coverage for platform workers: A comparative analysis of Belgium, Italy and the Netherlands","authors":"Eleni De Becker, Hyojin Seo, Valeria Pulignano, Paul Schoukens","doi":"10.1177/13882627241236489","DOIUrl":"https://doi.org/10.1177/13882627241236489","url":null,"abstract":"The aim of this paper is to examine if and how the reclassification of platform workers from self-employment status to employment status can provide them with adequate social security protection. Little is known about how this transition would guarantee platform workers adequate social protection within the social protection scheme for employees. National social security schemes, in particular income replacement benefit schemes, often (still) depart from the standard employment relationship, leading to lower protection for atypical work forms. Platform workers combine several of the characteristics of atypical forms of work, such as low earnings, irregular working patterns and working. Integrating platform workers into employee social security schemes faces additional challenges due to the online nature of their work, algorithmic management, high levels of unpaid labor, and employer identification difficulties. This paper focuses on unemployment protection, as EU Member States struggle to provide adequate protection for workers with irregular work patterns and income fluctuations, in the case of (short term) income replacement benefits. By constructing nine ideal work patterns reflective of diverse nature of platform work and current practices among platform work, we analyse how different types of ‘employed’ platform workers may fare within the legislation of three EU countries (Belgium, Italy, and the Netherlands). This approach allows us to assess the applicability of unemployment protection to different working patterns among 'employed' platform workers, considering formal, effective, and adequate access to unemployment schemes as outlined in the Council Recommendation on access to social protection for workers and the self-employed (2019).","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140205140","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Overview of recent cases before the European Court of Human Rights and the European Committee of Social Rights (June 2023 – December 2023) 欧洲人权法院和欧洲社会权利委员会近期审理的案件概览（2023 年 6 月至 2023 年 12 月）

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European Journal of Social Security Pub Date : 2024-03-13 DOI: 10.1177/13882627241236488

Eleni De Becker

{"title":"Overview of recent cases before the European Court of Human Rights and the European Committee of Social Rights (June 2023 – December 2023)","authors":"Eleni De Becker","doi":"10.1177/13882627241236488","DOIUrl":"https://doi.org/10.1177/13882627241236488","url":null,"abstract":"This case law report discusses two cases before the European Court of Human Rights and two cases before the European Committee of Social Rights. The first case (Pająk and others v. Poland) concerns the introduction of a lower and different retirement age on the basis of sex for judges of the Polish Constitutional Court. In the case X and others v. Ireland, the ECtHR had to examine the extent to which the residence requirement for child benefits violated Article 14 ECHR, read in conjunction with Article 8 ECHR and Article 1 of the Additional Protocol to the ECHR. Child benefits were paid only to claimants who were fully resident in Ireland, and the applicants, who were awaiting a decision on their residency status, did not fulfil this requirement under Irish law. The collective complaint no. 167/2018 (Sindacato autonomo Pensionati Or.S.A. v. Italy) concerned an alleged violation of Article 12 (3) ESC due to the total or partial suspension of the automatic indexation of a large share of pensions in 2011. The measure was extended in 2015 and revised in 2018, taking into account the position of particularly vulnerable persons. In the last case (collective complaint no. 185/2019, European Roma Rights Centre (ERRC) v. Belgium), the applicants argued that their right to social assistance had been violated, as they had not received social assistance benefits following a police investigation. The ECSR did not go along with the applicants’ claim.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140147149","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Book Review: Handbook on Migration and Ageing by Sandra Torres and Alistair Hunter 书评：桑德拉-托雷斯和阿利斯泰尔-亨特的《移民与老龄化手册

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European Journal of Social Security Pub Date : 2024-02-21 DOI: 10.1177/13882627241234144

Kristina Balenović

引用次数: 0