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The aim of this publication is to provide concise and accurate information on the European Code of Social Security, the Protocol to the European Code of Social Security and the European Code of Social Security (Revised), which are the basic standard-setting instruments of the Council of Europe in the field of social security. Although the Code and the Protocol date back to 1964 they have proved to valuable tools in defining common European social security standards that can be used for orientation in the reform process going on in many European Countries, especially in central and eastern Europe. The instruments are based on the concept of social justice and form an essential component of the protection of human rights.
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.
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.
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.
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.