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This comprehensive second edition Research Handbook discusses a wide range of timely questions and dilemmas ensuing from the present state of European social security law. Presenting a kaleidoscopic concept of social security, a new generation of leading experts identifies future lines of inquiry that are likely to dominate the discourse in the coming years.
Bulletin of Comparative Labour Relations Volume 108 The progressive expansion of the phenomenon of posting of workers – the practice whereby a worker is sent for a limited period of time to another Member State in order to provide a service – is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States’ aims to protect domestic social standards. This book challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. In the process, the author exposes a serious misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition. Drawing on a wide variety of sources – including Court of Justice case law, Advocate Generals’ opinions, Eurostat data, Commission documents and reports, and academic literature – the author provides in-depth analyses of such elements of the problem as the following: proper definition of the concepts of ‘posting’ and ‘posted worker’ in EU law; host country’s discretion in relation to the part of domestic regulation it can impose on posted employees; misconceived clash between social rights and economic freedoms; coordination of national social security systems; proliferation of unlawful and fraudulent practices; ‘regime shopping’ and exploitation of existing regulatory loopholes; misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’; orientation of political influence during the drafting process of relevant EU legislation; expected controversial economic impact of Directive (EU) 957/2018; concrete realisation of the EU values and principles of equality, solidarity and fair competition; and definition and pursuit of a ‘European social model’. Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.
Knjiga je nadaljevanje leta 2018 izdane knjige Labour Mobility in the EU, ki je skozi prizmo različnih poklicev mobilnih delavcev ponudila vpogled v obstoječe in prihodnje izzive na področju mobilnosti delovne sile v Evropski uniji (EU). Knjiga z zbirko esejev, ki pokrivajo različne teme, perspektive in geografske kontekste, konceptualno sledi svoji predhodnici. Vendarle pa drugi del po vsebini presega prvega, saj vključuje razmišljanja, perspektive in kritične analize priznanih tujih raziskovalcev, ki naslavljajo nekatera najbolj ključna vprašanja v preseku med dinamiko trga dela v EU in vzorci čezmejne delovne mobilnosti. Deset avtorjev, ki so prispevali sedem poglavij knjige, prihaja iz štirih držav EU. Čeprav izhajajo iz različnih akademskih disciplin, so del trdno povezanega in raziskovanju predanega omrežja raziskovalcev migracij, mobilnosti in (transnacionalne) socialne zaščite v EU. Knjiga ni namenjena samo akademski publiki, ampak si želi pritegniti pozornost širšega občinstva, predvsem pa spodbuditi k poglobljenim in navdihujočim razpravam o izzivih delovne mobilnosti v EU.
The sustainability of public pension systems has become an important aspect for governments and institutions worldwide. This book addresses the multiple elements that influence the sustainability of pension systems with a special focus on central and eastern European countries. Supported by the results of econometric empirical studies, the authors discuss and analyse areas like social economy versus capitalist economy, globalization versus glocalization, population aging versus birth and fertility, emigration versus immigration, early retirement versus prolongation versus professional activity, the sustainability of public pension systems versus the adequacy of benefits provided, public pension systems compared to private pension funds and taxation of salary incomes versus subsidization of state social insurance.
Free movement of persons would not be possible without the guarantee that citizens do not lose their social security rights when moving to another Member State, be it for reasons linked to work or for other reasons. In order to safeguard the social security rights of persons moving within the EU/EFTA, common rules are established at EU level. The outcome of the EU rules on social security coordination is a high-quality level of coordination techniques based on some key principles: a) the prohibition of discrimination, reinforced by the equal treatment of cross-border facts and events (i.e. principle of assimilation); b) the aggregation of insurance periods; c) the exportability of benefits; and d) the determination of a single applicable legislation. The Coordination Regulations only 'coordinate' the various social security systems. Consequently, Member States are still free to decide what benefits to grant, to whom, under what circumstances and for how long. Moreover, coordination can be applied only in respect of legislation concerning social benefits which are within the material scope of the Coordination Regulations. It covers the following branches of social security: sickness benefits, maternity and equivalent paternity benefits, invalidity benefits, old-age benefits, survivors' benefits, benefits in respect of accidents at work and occupational diseases, death grants, unemployment benefits, pre-retirement benefits, and family benefits. The Coordination Regulations also apply to special non-contributory cash benefits but not to social and medical assistance and certain benefits which are a compensation for damages. Article 91 of the Implementing Regulation requires the competent authorities to compile statistics on the application of the Coordination Regulations and to forward them to the Administrative Commission for the Coordination of Social Security Systems. Such data are of great importance, as they illustrate the impact of the Coordination Regulations, both in terms of persons involved and related public spending. This statistical report provides an overview and evaluation of the current data collection and reporting on the EU coordination of social security systems. It draws conclusions and identifies trends by area of social security. The separate thematic reports could be consulted for a more detailed analysis and reporting of the data.
Seminar paper from the year 2011 in the subject Politics - Other International Politics Topics, grade: 1,3, University of Bremen, language: English, abstract: Content 1. Abstract ........................................................................................................... 2 2. The OMC – An Overview ............................................................................... 3 2.1. The Open Method of Coordination –Decentralized Coordination ...... 3 2.2. The Actors Involved ............................................................................ 6 3. The OMC and the Old-Age Security System .................................................. 7 3.1. Bismarck vs. Beveridge ....................................................................... 7 3.2. Different Approaches on the Old-Age Security Issues ........................ 8 4. Examples of Pension Systems ........................................................................ 10 4.1. Germany .............................................................................................. 10 4.2. Sweden ................................................................................................ 12 5. Conclusion ...................................................................................................... 13 6. References ..................................................................................................... 14 1
The 10-year anniversary edition of Pensions at a Glance highlights the pension reforms undertaken by OECD and G20 countries over the last two years. Two special chapters provide deeper analysis of first-tier pension schemes and of the impact of short or interrupted careers, due to late entry ...