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Authors:Irena Lipowicz Pages: 161 - 162 Abstract: European Journal of Social Security, Volume 24, Issue 2, Page 161-162, June 2022.
Citation: European Journal of Social Security PubDate: 2022-07-02T04:19:00Z DOI: 10.1177/13882627221104499 Issue No:Vol. 24, No. 2 (2022)
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Authors:Troy Henderson, Ben Spies-Butcher Abstract: European Journal of Social Security, Ahead of Print. This article examines the impact of recent European basic income experiments on the re-emergence of basic income in Australian public policy and political debate. We argue that while basic income experiments in general have garnered some attention in Australia, the Finnish basic income pilot has been particularly significant. We trace this influence back to the historical tendency of sections of the Australian Left to view Nordic industrial and social policy as an aspirational model, and to the stronger institutional and interpersonal connections between Nordic and Australian policy communities. Finally, we emphasise how the recent history of imposing welfare policy experiments on Indigenous communities complicates the perception and prospects of basic income pilots in Australia and the potential for successful policy transfer. Citation: European Journal of Social Security PubDate: 2022-08-01T07:40:12Z DOI: 10.1177/13882627221115207
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Authors:Sara Cantillon, Francis O’Toole Abstract: European Journal of Social Security, Ahead of Print. While the economic fragility exposed by Covid-19 has renewed the attention paid to social protection systems and in particular to basic income, the Scottish government had already funded four local authorities – North Ayrshire, City of Edinburgh, Fife and Glasgow – to undertake a feasibility study on the introduction of a Universal Basic Income pilot in Scotland. This article explores the specific Scottish context and rationale for this study, including the factors that led the Scottish government and the local authorities to pursue this approach, as well as the impact of the study on the wider social security debate and policy context in Scotland. Specifically, it takes a critical look at the Steering Committee's feasibility study, and its two commissioned research components, and explores the financial costings and institutional obstacles identified in taking forward a pilot Universal Basic Income in Scotland. These significant challenges are considered in light of both the limits of devolution and the ongoing debate on independence, as well as the wider implications for progress in social protection in Scotland. Citation: European Journal of Social Security PubDate: 2022-07-15T07:13:17Z DOI: 10.1177/13882627221114373
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Authors:Helen Johnston Abstract: European Journal of Social Security, Ahead of Print. This paper provides an overview of Irish dalliances with basic income over the last 40 years in the context of social security reform. A government Green Paper on Basic Income was published in 2002, but the proposals were never progressed. Now, the current 2020 Programme for Government contains a commitment to pilot basic income within the lifetime of the Government. It has transpired that two basic income schemes are being developed – a universal basic income scheme by the Government's Low Pay Commission and a sectoral basic income scheme for artists. The arts proposal is being led by the Green Party Minister for the Arts, a long-time advocate of basic income. The work of the Low Pay Commission is overseen by the Fine Gael leader and Minister for Employment, who has not traditionally supported basic income. Public discourse claims that these are separate proposals with a lack of clarity on whether they will be progressed separately, one will inform the other, or they will become integrated. The work in Ireland has drawn upon other basic income experiments taking place in Europe, especially the Finnish experience. The work to date can make a unique contribution to understanding basic income experimentation in Europe, especially through a government-led, twin-track approach. Citation: European Journal of Social Security PubDate: 2022-07-05T06:26:38Z DOI: 10.1177/13882627221109287
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Authors:Femke Roosma Abstract: European Journal of Social Security, Ahead of Print. In the period from 1st October 2017 to 31st December 2019, the Dutch government allowed several municipalities to carry out so-called ‘basic income experiments’, ‘trust’ experiments, or ‘experiments low in regulation’. These experiments focused on giving exemptions on obligations attached to social benefits, allowing people to keep extra earnings on top of their social assistance benefits, and providing more guidance in finding work. In this paper, I critically evaluate the extent to which these experiments have had an effect on social policy in the Netherlands in both the short and long run. For municipalities, the main goal of these experiments was to examine whether an approach focused on trust and intrinsic motivation would lead to increased labour market participation and higher wellbeing. The national government approved the experiments; but in its evaluation, it focused solely on the outflow to work in line with the existing workfare approach. In the short run, the effects of the experiments appeared disappointing for those with the ambition of fundamentally reforming the social security system. However, in the struggle for framing and interpretation, advocates of a different social policy approach obtained success in the long run. Although the Participation Act was not initially amended, the recent coalition agreement of the new Government does propose a change related to the outcomes of the experiment; and in recent party manifestos, there are more far-reaching proposals to change social policy in the direction of a universal basic income. Citation: European Journal of Social Security PubDate: 2022-06-28T05:23:42Z DOI: 10.1177/13882627221109846
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Authors:Heikki Hiilamo Abstract: European Journal of Social Security, Ahead of Print. Finland conducted the first nationwide field experiment with partial basic income between 2017 and 2018. The experiment and its results were widely reported in international media and featured in political debates across the globe. Domestically, the experiment had an impact on social policy debates but no impact on social policy. For example, it did not feature in the Social Security 2030 project or in the work of the Social Security Reform Committee (2020–2027). The research setting for the experiment was compromised from the beginning due to political reasons; but the scientific power was further undermined by a new sanctioning model, which was implemented in 2018 at the beginning of the second year of the basic income experiment. The new Government taking office in 2019 promised to continue with a negative income tax experiment; however, no such experiment was conducted. The article will unpack these developments in Finland and discuss possible explanations for denouncing basic income as a policy idea. Citation: European Journal of Social Security PubDate: 2022-06-10T06:41:15Z DOI: 10.1177/13882627221104501
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Authors:Herwig Verschueren First page: 79 Abstract: European Journal of Social Security, Ahead of Print. During the COVID-19 pandemic, the normal use of European conflict rules determining the applicable social security legislation was temporarily suspended to avoid changes in the applicable legislation as a result of telework, which was being obliged or recommended. The purpose was to avoid the consequences of such a change. However, these forms of remote work are expected to remain in existence after the pandemic, even when the suspension of the conflict rules is no longer in place. So, the question arises whether the suspension of the strict application of the conflict rules should be prolonged after the pandemic, or whether these conflict rules should be applied differently or even amended. First, this article discusses the measures that were taken during the pandemic. Next, it will highlight the consequences if the temporary measures are not prolonged after the pandemic for the determination of the applicable social security legislation. It will explore the possible re-interpretation of or even amendments to these rules in order to adapt them to the continuation of telework. Citation: European Journal of Social Security PubDate: 2022-06-28T05:23:23Z DOI: 10.1177/13882627221107042
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Authors:Julie Janssens, Natascha Van Mechelen First page: 95 Abstract: European Journal of Social Security, Ahead of Print. This article aims to provide an overview of the main mechanisms underlying the non-take-up of public provisions by bringing together insights from existing theoretical models and the large body of empirical evidence within Europe and the U.S. We draw on studies based on the rational choice model as well as on insights from psychology and behavioural economics. Whereas most studies are confined to the client level only to explain non-take-up, an important focus of attention here is the way policy design and administration can affect the uptake of public provisions, as well as the role the broader social context plays in understanding non-take-up. In this article, we bring different strands in the literature together and develop a theoretical framework which lists and links the various mechanisms at play. At the same time, we summarise most important empirical findings on the drivers of non-take-up, and focus on lessons from the literature regarding how policies could be redesigned to reduce non-take-up. Citation: European Journal of Social Security PubDate: 2022-06-21T05:13:53Z DOI: 10.1177/13882627221106800
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Authors:Frans Pennings First page: 117 Abstract: European Journal of Social Security, Ahead of Print. In this contribution the added value of the Charter in the area of social security is examined. It is concluded that Article 34 of the Charter has not created fundamental rights that can be invoked in order to improve the legal position of claimants of social security or of social assistance. This conclusion is no surprise, given the express provisions limiting the interpretation of the Charter. Instead, it is interesting to note that the Charter has, in particular, added value where the scope for interpretation has not been explicitly limited, that is where provisions are applied that are not implemented by the instrument that is disputed in a particular situation. A second added value is the doctrine of horizontal effect, which means that in some cases provisions of Directives can also be invoked in horizontal situations. This is of relevance, particularly in non-statutory social security cases. Also, the Court of Justice itself seems to have had its difficulties in applying the Charter. It is difficult to understand the consistency of the Dano and CG judgments, where in the Dano the Court claimed not to have jurisdiction to interpret the non-specific provisions in the case, yet in CG, it did so without having even been asked. In this contribution it is undertaken to analyse these judgments with a view to better understanding the added value of the Charter. Citation: European Journal of Social Security PubDate: 2022-05-23T05:32:13Z DOI: 10.1177/13882627221095105
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Authors:Pauline Melin, Susanne Sivonennn First page: 136 Abstract: European Journal of Social Security, Ahead of Print. In Bezirkshauptmannschaft Hartberg-Fürstenfeld (C-205/20), the Court of Justice was asked to clarify whether a provision under Directive 2014/67 on the proportionality of penalties in the context of posting of workers has direct effect. In CJ v TGSS (C-389/20), the Spanish social security legislation excluding domestic workers from unemployment benefits was under scrutiny in light of the principle of non-discrimination on grounds of sex enshrined in Directive 79/7. In HR Rail (C-485/20), the Court of Justice interpreted the obligation for employers to provide for ‘reasonable accommodation’ for workers with disabilities, including trainees, under Article 5 of Directive 2000/78. In Koch Personaldienstleistungen GmbH (C-514/20), the Court determined whether for the purposes of calculating working time and overtime pay, account should be taken only of the hours actually worked or also of the hours from annual paid leave. Continuing on the importance of the right to annual leave, the Court ruled, in Staatssecretaris van Financiën (C-217/20), on the remuneration of annual leave in situations of permanent incapacity of a worker due to illness. In VB (C-262/20), the Court considered the compatibility of Bulgarian law on the duration of night work for civil servants such as firefighters with Directive 2003/88 and the Charter of Fundamental Rights. Finally, in MIUR et Ufficio Scolastico Regionale per la Campania (C-282/19), the Court assessed whether the systematic use of successive fixed-term contracts for Catholic education teachers in Italy could be justified by ‘objective reasons’ within the meaning of Clause 5(1) of the framework agreement. Citation: European Journal of Social Security PubDate: 2022-04-26T06:57:56Z DOI: 10.1177/13882627221094059
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Authors:Eleni De Becker First page: 148 Abstract: European Journal of Social Security, Ahead of Print. In this reporting period (October 2021 – February 2022), four cases before the European Court of Human Rights (hereinafter: ECtHR) will be presented. The first case is Šaltinytė v. Lithuania (application no. 32934/19), dealing with a housing subsidy only available to young families of low income. The Court had to review this benefit scheme in light of the prohibition of discrimination in Article 14 European Convention on Human Rights (ECHR) and the right to property in Article 1 Protocol no. 1 to the ECHR (hereinafter: P1 ECHR). The second section discusses a case concerning retrospective changes in the Italian survivors’ pension scheme having an impact on ongoing procedures against the Italian Government. The Court had to review whether this change in the legislation was compatible with the right to a fair trial in Article 6 ECHR (D’Amico v. Italy, application no. 46586/14). Hamzagić v. Croatia is the third case that will be discussed (application no. 68437/13). It concerns the refusal to grant a disability pension, where the applicant argued that no adequate legal framework was in place to review the opinions of experts concerning the applicant’s invalidity for a disability pension. Finally, this overview ends with a discussion of Botoyan v. Armenia (application no. 5766/17), where the ECtHR had to review the relevant legal framework in place in case of medical malpractice, taking into account the right to private life in Article 8 ECHR. Citation: European Journal of Social Security PubDate: 2022-05-20T08:16:14Z DOI: 10.1177/13882627221096170
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Authors:Ambreen Yousuf First page: 156 Abstract: European Journal of Social Security, Ahead of Print.
Citation: European Journal of Social Security PubDate: 2022-05-09T11:11:43Z DOI: 10.1177/13882627221092464
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Authors:Claudia Baumann First page: 158 Abstract: European Journal of Social Security, Ahead of Print.
Citation: European Journal of Social Security PubDate: 2022-04-11T02:07:25Z DOI: 10.1177/13882627221092463
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Authors:Primož Rataj First page: 159 Abstract: European Journal of Social Security, Ahead of Print.
Citation: European Journal of Social Security PubDate: 2022-04-04T08:24:40Z DOI: 10.1177/13882627221092046
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Authors:Radosław Mędrzycki First page: 163 Abstract: European Journal of Social Security, Ahead of Print.
Citation: European Journal of Social Security PubDate: 2022-04-04T08:24:11Z DOI: 10.1177/13882627221091587
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