European Journal of Social Security最新文献

{"title":"Book Review: Health and Human Rights by Brigit Toebes, et al.","authors":"María Dalli Almiñana","doi":"10.1177/13882627231161988","DOIUrl":"https://doi.org/10.1177/13882627231161988","url":null,"abstract":"Labour Authority established in 2019, and the Commission’s proposal for a minimum wage Directive of October 2020 are discussed. Furthermore, the new edition manages to add an overview chapter on competition law and labour law, and a chapter on General Data Protection Regulation, since the Data Protection Directive was missing from the previous edition. Considering the size of the volume, it is impossible to delve further content-wise. It can be stated, however, that the volume is true to its title, i.e., the author and his assistants have done a remarkable systematic exposition of European employment law. Although, as a systematic exposition, the book is mostly descriptive, in this reviewer’s opinion, it is excellently written, not only linguistically, but sufficiently condensed and sticking to the essential necessary details, successfully avoiding an inflated information overkill. There are no noteworthy shortcomings of the book. The book is written in an understandable manner and is very informative. The relevant legal Acts and their intertwinement are clearly outlined, showing the historical development(s), various theoretical positions and the adopted case law. The individual chapters are logically laid out, with several sub-sections and points. The paragraphs are numerically marked and enable the ease of referencing. Moreover, the more important parts of the text are in bold, allowing the readers to pinpoint to a certain issue much more time-efficiently. Overall, the volume has an extraordinary amount of references, especially from scholarship (albeit predominantly in German). If one were to seek further information on a specific issue, it would be extremely difficult to find a body of work more detailed than the current volume, the same being true likewise for the referenced CJEU case law and its development. However, readers should not expect to find any didactic material in the volume, for instance, cases that students could try to solve. In this reviewer’s opinion, the book is an indispensable tool and a must have and most definitely recommended for everyone who is dealing with European employment law (in practice) or is interested in it. This most likely relates to (advanced) students, academics or practitioners in particular, and applies not only to those who do not yet have the reviewed volume, but also to those who possess the previous (first) edition. The current volume is much larger and contains nearly a decade of added information developments. Due to the never-ending developments in EU law, where employment law is no exception, and considering that the content of the volume dates until March 2021, it is signalled in the series’ preface that a third edition is foreseen. Hopefully, it will be welcomed slightly sooner than a decade from now. With this in mind, the present volume will prove to be most useful until then.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41573028","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}

{"title":"SURE: EU support to national short-term working schemes and its openness to non-standard workers","authors":"Panayiotis Elia, S. Bekker","doi":"10.1177/13882627231170856","DOIUrl":"https://doi.org/10.1177/13882627231170856","url":null,"abstract":"In response to the labour market effects of the COVID-19 pandemic, the European Union (EU) implemented ‘Temporary Support to mitigate Unemployment Risks in an Emergency’ (SURE). This instrument enables loans to be made under favourable conditions from the EU to affected Member States, covering part of their costs for national short-time work (STW) schemes or similar policies. In essence, STW prevents unemployment by helping employers to temporarily reduce the working hours of their personnel, while providing these employees with income support from the state for the hours not worked. During the COVID-19 crisis, non-standard workers in particular experienced job loss or a reduction of working hours, while often having inadequate access to social security. This article assesses the inclusiveness of SURE in terms of providing, via national STW, support to all workers. Firstly, it explores the options provided by the SURE Regulation to finance STW schemes which also cover non-standard workers. Secondly, it gives an EU-wide overview of which schemes and which types of workers have been supported. Thirdly, the paper analyses in detail how three Member States – Belgium, Cyprus and Poland – have used SURE to support non-standard and self-employed workers. The article adds to the currently scarce analyses on how SURE is used by countries with various STW systems. Moreover, it shows whether SURE may fit the growing EU focus on providing access to social security for all types of workers irrespective of their employment relationship, as for instance codified in the EU Pillar of Social Rights.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41477227","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}

{"title":"Book Review: European Employment Law: A Systematic Exposition by Riesenhuber, Karl","authors":"Primož Rataj","doi":"10.1177/13882627231167312","DOIUrl":"https://doi.org/10.1177/13882627231167312","url":null,"abstract":"European Employment Law: A Systematic Exposition is volume 4 of the Ius Communitatis series, a well-known series that covers the most important topics in the ‘Europeanisation’ of law, such as European Union (EU) company, consumer, migration, criminal, social security and also employment law. The present volume, first published in 2012, represents a timely revised second edition after nearly a decade. The author of this remarkable volume is Karl Riesenhuber, Professor of several fields of law at Ruhr-Universität Bochum, Germany, who managed to compile it with the support of his (research and study) assistants. It needs to be stressed that the volume does not concern, and is demarcated from, comparative employment law of EU Member States. Instead it relates to EU primary law and many sources in secondary legislation, as well as the growing body of case law of the Court of Justice of the EU. The volume is structured so as to provide the relevant European complement to a traditional legal area, one of the cornerstones of national legal systems that is quite substantially influenced by European law. It covers the complete scope of European employment law up to March 2021 and is divided into five thematic parts, namely, foundations, conflict of laws, protection of personality rights, and the largest parts concerning individual and collective employment law. Parts on protection of personality rights and individual employment law are further divided into several chapters, the former into chapters on anti-discrimination law and data protection, and the latter into chapters concerning employment conditions, workers’ safety and health, atypical forms of employment, protection of specific groups of workers and employee protection in business restructuring and insolvency. For those who already know the first edition of the book, the revised second edition has, therefore, retained the basic structure of the entire work and has remained largely unchanged along with the structure of most of the chapters. Nevertheless, the new edition is nearly 200 pages longer with additions almost throughout, especially due to the new developments in CJEU case law and (legal) scholarship, such as journals, commentaries and handbooks as well as numerous monographs and articles on individual topics. The sheer size difference also reflects the inclusion of novelties due to legislative changes in the past decade. The (new) second edition takes account of the 2018 reform of the Posting of Workers Directive, the further development of the Written Statement Directive into the Transparency Directive, the new Whistleblower Directive, and the further developed Parental and Carers’ Leave Directive (all from 2019). Moreover, the Company Law Directive as Book Reviews","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49577814","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}

{"title":"Struggles over social rights: Restricting access to social assistance for EU citizens","authors":"S. Mantu, P. Minderhoud","doi":"10.1177/13882627231167653","DOIUrl":"https://doi.org/10.1177/13882627231167653","url":null,"abstract":"The legal category under which EU citizens exercise their right to free movement – worker, jobseeker, student or economically inactive - determines access to social rights in the host state and leads to differential inclusion in the welfare state. The right to equal treatment in relation to welfare entitlements has been subject to constant litigation before the European Court of Justice, leading to the refinement of the conditions under which migrant EU citizens can access welfare and the implications of such requests for their right to reside in an EU state. Moreover, while the conditions of access to an EU host state's welfare system are set at the EU level, the delivery of welfare takes place at the national and local levels, making national administrations and bureaucrats important actors in the governance of welfare. The aim of this article is to tease out the relationship between different levels of jurisdiction in the governance of access to the welfare state. We rely on data from 11 Member States in which we monitored the application of the relevant EU legislation and case law during the time frame 2016–2020. The main trends we discern are a growing interdependence between immigration and welfare authorities and a move towards the systematic control of all EU applicants for social assistance in several states. We argue that these developments are facilitated by the turn in the CJEU's jurisprudence that limits entitlement to welfare for economically inactive EU citizens and emphasises conditionality and legal residence as the main axes determining access to the welfare state.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41837276","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}

{"title":"Book Review: Migrants’ Attitudes and the Welfare State. The Danish Melting Pot by Karen Nielsen Breidahl, Troels Fage Hedegaard, Kristian Kongshøj, Christian Albrekt Larsen","authors":"Simone Emmert","doi":"10.1177/13882627231160533","DOIUrl":"https://doi.org/10.1177/13882627231160533","url":null,"abstract":"","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44397661","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}

{"title":"Free movement and access to social security in the EU: The challenge of exporting unemployment benefits","authors":"Christina Grabbe","doi":"10.1177/13882627231161926","DOIUrl":"https://doi.org/10.1177/13882627231161926","url":null,"abstract":"The freedom of movement of EU workers and access to national welfare state systems has become a controversial topic among policymakers in recent years. To understand this, the article analyses the positions of Western European states towards the proposal of the European Commission to reform the European social security coordination. The structural problems of this reform and the current Regulation (EC) 883/2004 can be seen in the discussion on the export of unemployment benefits. Although Western European states have similar insurance-based and comprehensive unemployment systems, they have conflicting views on this issue. The article presents a comparative case study of Denmark, the Netherlands and Germany. Data was generated via expert interviews and policy documents and analysed through institutionalist approaches. By tracing the debates on the export of unemployment benefits, the article makes a more general argument about the debate on the free movement of workers and social security in the EU. It explains that policymakers’ main concern is not only the financial burden on their welfare systems, but also that the current Regulation (EC) 883/2004 and the reform proposal are incompatible with national monitoring and enforcement systems, which are designed to work best when the worker is in the Member State of last employment. This incompatibility of the coordination rules with national rules creates opposition among policymakers to the access of EU workers to national welfare systems.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42148410","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}

{"title":"Designing short-time work for mass use","authors":"Enzo Weber, Yasemin Yilmaz","doi":"10.1177/13882627231161511","DOIUrl":"https://doi.org/10.1177/13882627231161511","url":null,"abstract":"In the course of the Covid-19 pandemic, short-time work as an instrument of income replacement once again proved to be an effective means of stabilising employment. However, the very concept, based on individual entitlement, led to its operational limits in respect of mass use. For example, in Germany, the complete processing of all cases in multiple stages can take years, involving corresponding strains and uncertainties for firms and labour administration. Against this background, we discuss the development of variants of job retention schemes compatible with mass use. An international comparison indicates that the legal instrument of force majeure could facilitate access with simplified criteria and procedures. We elaborate on specific proposals for the well-known German system. Going beyond simplifying existing rules, we outline a collective instrument of a wage subsidy increasing with lost revenue or hours. In this respect, drawing on results from the relevant literature, we argue that the need to limit redundancies and the precision of the instrument must be carefully balanced. Particularly in the case of mass use, qualification is indispensable, which is why the need for a concept with flexibly applicable, modular and online-based training formats, incentives and counselling services is essential. Finally, preconditions for the phasing-out of the mass use scheme are outlined. The exceptional situation would have to be officially ended – or extended – at an appropriate time with sufficient notice. Subsequent schemes may provide for transition to regular arrangements, a gradual reduction of wage subsidies, and liquidity support.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45003477","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}

{"title":"Book Review: Social Policy in Changing European Societies. Research agendas for the 21st Century by K. Nelson, et al.","authors":"Artan Mustafa","doi":"10.1177/13882627231159987","DOIUrl":"https://doi.org/10.1177/13882627231159987","url":null,"abstract":"vaccinations. As suggestions for future editions of the book, other emerging topics which could also be included are climate change and its impact on health from the human rights perspective, or the interactions between long-term care and the right to health. For example, socio-health coordination is essential for people with limited autonomy, such as those living in care homes, which was an issue during the Covid-19 pandemic, resulting in potential human rights violations in many European states. Nevertheless, the book already covers a wide range of areas which have been chosen wisely by the authors, given the relevance and topicality of all of the issues. Health and Human Rights: Global and European Perspectives undoubtedly provides inspiration and a highly useful guide for any reader with an academic or professional interest on such an essential topic.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43520637","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}

{"title":"How administrative reforms influence the capacity for implementing the social investment state","authors":"N. Andersen, K. Breidahl","doi":"10.1177/13882627231159101","DOIUrl":"https://doi.org/10.1177/13882627231159101","url":null,"abstract":"For several decades, the social investment (SI) state has been heralded as the saviour of the welfare state, while at the same time being criticised for being just another instance of neoliberal downsizing of the welfare state. Recently, efforts have been made to provide clearer conceptualisations of how to assess the existence and impact of SI. However, these attempts have hitherto mainly focused on the policy functions and instruments of the SI state. This article contributes to existing research by offering a novel analytical framework on the capacity needed by street-level organisations (SLOs) to implement the central policy functions of the SI state, and by elucidating how administrative reforms influence this capacity. The article applies the framework to the implementation in Denmark of Active Labour Market Policies (ALMPs) in local job centres. This case is considered an SI ‘flagship’ in terms of formal policies, while also having undergone multiple administrative reforms, which makes it highly illustrative for the central argument of the article – that the success or failure of an SI approach is not only determined by politics and formal policies. The empirical analysis reveals how the capacity to implement SI policies has been enhanced by administrative reforms; this has been done by giving job centres more room for discretion and enhancing their ability to make long-term investments and to promote integrated service provision across different service areas. However, at the same time the local job centres remain closely monitored and controlled through an external accountability performance measurement system.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48636355","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}

{"title":"Overview of recent cases before the Court of Justice of the European Union (September-December 2022)","authors":"Pauline Melin, Susanne Sivonen","doi":"10.1177/13882627231157052","DOIUrl":"https://doi.org/10.1177/13882627231157052","url":null,"abstract":"Five judgments from the Court of Justice on social security are reported on in this case note. First, Raad van bestuur van de Sociale verzekeringbank v X and Y (C-713/20) concerns the legislation applicable under Regulation 883/2004 to temporary agency workers in relation to periods between contracts. Second, DN v Finanzamt Österreich (Recouvrement de prestations familiales) (C-199/21) deals with the right to receive family benefits for a parent not residing with his child but bearing the costs of maintenance. Third, MCM v Centrala studiestödsnämnden (C-638/20) is about the export of student financial assistance for family members of migrant workers under Article 45 TFEU. Fourth, the requirement to register a partnership for the purpose of accessing a survivor's pension in a Member State, although that partnership was lawfully concluded and registered in another Member State, is under scrutiny in Caisse nationale d’assurance pension (C-731/21). Fifth and finally, FK v Rechtsanwaltskammer Wien (C-58/21) discusses the requirement to waive one's right to practise as a lawyer in other Member States in order to be granted an early retirement pension in light of Articles 45 TFEU and Article 49 TFEU.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42932806","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}