Please help us test our new pre-print finding feature by giving the pre-print link a rating. A 5 star rating indicates the linked pre-print has the exact same content as the published article.
Authors:Simone Emmert Abstract: European Journal of Social Security, Ahead of Print.
Citation: European Journal of Social Security PubDate: 2023-03-06T06:55:59Z DOI: 10.1177/13882627231160533
Please help us test our new pre-print finding feature by giving the pre-print link a rating. A 5 star rating indicates the linked pre-print has the exact same content as the published article.
Authors:Niklas A Andersen, Karen Nielsen Breidahl Abstract: European Journal of Social Security, Ahead of Print. 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. Citation: European Journal of Social Security PubDate: 2023-02-28T05:53:32Z DOI: 10.1177/13882627231159101
Please help us test our new pre-print finding feature by giving the pre-print link a rating. A 5 star rating indicates the linked pre-print has the exact same content as the published article.
Authors:Artan Mustafa Abstract: European Journal of Social Security, Ahead of Print.
Citation: European Journal of Social Security PubDate: 2023-02-27T08:19:38Z DOI: 10.1177/13882627231159987
Please help us test our new pre-print finding feature by giving the pre-print link a rating. A 5 star rating indicates the linked pre-print has the exact same content as the published article.
Authors:Pauline Melin, Susanne Sivonen Abstract: European Journal of Social Security, Ahead of Print. 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. Citation: European Journal of Social Security PubDate: 2023-02-27T08:19:09Z DOI: 10.1177/13882627231157052
Please help us test our new pre-print finding feature by giving the pre-print link a rating. A 5 star rating indicates the linked pre-print has the exact same content as the published article.
Authors:Eleni De Becker Abstract: European Journal of Social Security, Ahead of Print. In this reporting period (October 2022 – December 2022) two cases before the European Court of Human Rights (ECtHR) will be presented. They both concern discrimination on grounds of sex. The first case is Beeler v. Switzerland (appl. no. 78630/12), which dealt with the termination of a survivor's pension for widowers when the youngest child reaches adulthood. Such termination does not occur for widows. The ECtHR had to review whether the difference in treatment on the basis of sex violated the prohibition of discrimination in Article 14 ECHR, read in conjunction with the right to family life in Article 8 ECHR. Moraru and Marin v. Romania (appl. no. 53282/18 and 31428/20) is the second case that will be discussed. In this case, the employment agreements of the applicants were terminated automatically once they reached the retirement age for women, which was lower than for men. Also in this case, the Court had to review whether there was a violation of the prohibition of discrimination of sex, albeit on the basis of Article 1 of Protocol no. 12. Citation: European Journal of Social Security PubDate: 2023-02-21T05:20:50Z DOI: 10.1177/13882627231155044
Please help us test our new pre-print finding feature by giving the pre-print link a rating. A 5 star rating indicates the linked pre-print has the exact same content as the published article.
Authors:Youngcho Lee Abstract: European Journal of Social Security, Ahead of Print.
Citation: European Journal of Social Security PubDate: 2023-02-20T06:07:39Z DOI: 10.1177/13882627231158522
Please help us test our new pre-print finding feature by giving the pre-print link a rating. A 5 star rating indicates the linked pre-print has the exact same content as the published article.
Authors:Kevin Hartmann-Cortés First page: 319 Abstract: European Journal of Social Security, Ahead of Print. Would a Convention State breach any property rights if it does not adjust its social security benefits for inflation' This article discusses under which circumstances Article 1 Protocol 1 (A1P1) of the European Convention on Human Rights may require Convention States to uprate the real value of social benefit entitlements as a consequence of inflation. The methodology followed was both doctrinal and analytical legal research based on the European Court of Human Rights’ (ECtHR) case law. The text firstly considers why A1P1 may be engaged. The argument holds that lack of indexation of social benefits has a similar effect to their legislative reduction when it comes to the peaceful enjoyment of social security benefits. Afterwards it explores what follows for Convention States. Considering the literature on ‘positive’ obligations and A1P1, the article constructs a plausible case under which A1P1 would require Convention States to uprate (at least partially) a segment of social benefit entitlements. Citation: European Journal of Social Security PubDate: 2023-01-04T06:42:45Z DOI: 10.1177/13882627221147276
Please help us test our new pre-print finding feature by giving the pre-print link a rating. A 5 star rating indicates the linked pre-print has the exact same content as the published article.
Authors:Elroi Hadad, Stanislav Dimitrov, Jivka Stoilova-Nikolova First page: 342 Abstract: European Journal of Social Security, Ahead of Print. Unfavourable demographic trends are exerting more pressure on public pension systems in all European countries, and the need for alternative sources of pension provision is increasing. Personal pension products can be considered as a possible solution to the problem of providing adequate pensions. The pan-European personal pension product (PEPP) is the first standardised pension product subject to a uniform EU regime. Now that the regulatory framework for PEPP has been established at the EU level, it is up to the Member States to create an appropriate legal environment in order to promote the successful development of PEPP. This article examines the role of voluntary pension funds and the readiness to implement PEPP in the selected countries. We focus on the Czech Republic and Bulgaria, where the role of private pension funds is growing. We examine how PEPP can fit into the national pension systems and make some proposals regarding regulatory measures to be taken in order to ensure that PEPP is not at a competitive disadvantage against national pension products. We find that PEPP may fill the pension gap in countries where public pensions are the main source of retirement income and the role of occupational pension schemes is insignificant. Citation: European Journal of Social Security PubDate: 2023-01-19T06:06:13Z DOI: 10.1177/13882627221150542
Please help us test our new pre-print finding feature by giving the pre-print link a rating. A 5 star rating indicates the linked pre-print has the exact same content as the published article.
Authors:Daniel Dumont First page: 299 Abstract: European Journal of Social Security, Ahead of Print. The case for a universal basic income helps to reflect on what could be done to bring social protection into the 21st century, but, it is argued, does not itself provide the most convincing solution to the difficulties rightly pointed out by its proponents. However, this plea constitutes a fruitful source of inspiration for other developments than that proposed. Three proposals are made here in this respect: reducing the influence of household composition on the amount of social benefits received, making the possibility of combining a social benefit with other financial resources more flexible, and relaxing the work integration requirements imposed in return for the granting of rights. Citation: European Journal of Social Security PubDate: 2022-12-20T06:36:36Z DOI: 10.1177/13882627221138599
Please help us test our new pre-print finding feature by giving the pre-print link a rating. A 5 star rating indicates the linked pre-print has the exact same content as the published article.
Authors:Pauline Melin, Susanne Sivonen First page: 361 Abstract: European Journal of Social Security, Ahead of Print. In this case note, nine judgments of the Court will be discussed. The first two judgments discussed concern the principle of equal treatment in relation to family benefits (S v Familienkasse and Commission v Austria). Additionally, both the first and third judgments reported relate to the interpretation of the Citizenship Directive (Directive 2004/38) (S v Familienkasse and VI). The other judgments on social security deal with the calculation of old-age pension (CC) and the legislation applicable for flight and cabin crew (INAIL and INPS) under Regulation 883/2004. The four remaining judgments are cases of discrimination on grounds of sex in the context of pensions (KM v INSS and EB v BVAEB), on grounds of age (A v HK Danmark and HK/Privat) and between temporary agency workers and ‘regular’ workers (Luso Temp). Citation: European Journal of Social Security PubDate: 2022-12-19T04:51:02Z DOI: 10.1177/13882627221139501
Please help us test our new pre-print finding feature by giving the pre-print link a rating. A 5 star rating indicates the linked pre-print has the exact same content as the published article.
Authors:Eleni De Becker First page: 376 Abstract: European Journal of Social Security, Ahead of Print. In this reporting procedure (April 2022–September 2022), we present three cases before the European Court of Human Rights (ECtHR) and one case before the European Committee of Social Rights (ECSR). All three cases before the ECtHR concern pension claims. The first case is Savickis and Others v Latvia (App no 49270/11), dealing with the payment of employment pensions in Latvia to ‘permanently resident non-citizens’. For these citizens, the Latvian legislation did not take into account periods worked in other Soviet republics at the time of the occupation of Latvia by the Union of Soviet Socialist Republics (USSR), which it did do for Latvian citizens. The Court had to review this difference in treatment 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 (AP ECHR). The second report discusses a case concerning the length of the appeal proceedings relating to a reduction of the applicant's pension rights. In Bieliński v Poland (App no 48762/19), the Court had to review whether there was a violation of Article 6 ECHR (right to a fair trial) and Article 13 ECHR (right to an effective remedy). P.C. v Ireland is the third case that will be discussed (App no 26922/19). It concerns disqualification from an old-age pension while serving a sentence of imprisonment. The applicant claimed that this disqualification violated Article 1 AP ECHR read alone, as well as Article 14 ECHR read in conjunction with Article 1 AP ECHR. Finally, this overview ends with a discussion of the European Social Charter (ESC). In Unione Sindacale di Base (hereinafter: USB) v Italy (collective complaint, App no 170/2018), the ECSR had to review the compatibility of the Italian scheme of socially useful workers with several of the provisions of the ESC, including the prohibition of discrimination (Article E), read in conjunction with the right to social security in Article 12 (1) of the revised ESC. Citation: European Journal of Social Security PubDate: 2022-10-19T06:28:19Z DOI: 10.1177/13882627221133128
Please help us test our new pre-print finding feature by giving the pre-print link a rating. A 5 star rating indicates the linked pre-print has the exact same content as the published article.
Authors:Jörgen Lundälv First page: 387 Abstract: European Journal of Social Security, Ahead of Print.
Citation: European Journal of Social Security PubDate: 2022-09-19T04:52:52Z DOI: 10.1177/13882627221128841
Please help us test our new pre-print finding feature by giving the pre-print link a rating. A 5 star rating indicates the linked pre-print has the exact same content as the published article.
Authors:Szandra Kramarics First page: 388 Abstract: European Journal of Social Security, Ahead of Print.
Citation: European Journal of Social Security PubDate: 2022-11-14T06:39:55Z DOI: 10.1177/13882627221137643
Please help us test our new pre-print finding feature by giving the pre-print link a rating. A 5 star rating indicates the linked pre-print has the exact same content as the published article.
Authors:Marco Biasi First page: 390 Abstract: European Journal of Social Security, Ahead of Print.
Citation: European Journal of Social Security PubDate: 2022-09-07T06:59:34Z DOI: 10.1177/13882627221125809
Please help us test our new pre-print finding feature by giving the pre-print link a rating. A 5 star rating indicates the linked pre-print has the exact same content as the published article.
Authors:Effrosyni Bakirtzi First page: 392 Abstract: European Journal of Social Security, Ahead of Print.
Citation: European Journal of Social Security PubDate: 2022-11-22T07:38:15Z DOI: 10.1177/13882627221137606
Subscription journal
