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Authors:Franca van Hooren, Clémence Ledoux Abstract: European Journal of Social Security, Ahead of Print. This article investigates the extent to which a social investment paradigm has guided policy reforms in long-term care for the elderly in France and the Netherlands and how this relates to the resilience of the sector during the Covid-19 pandemic. It conceptualizes the theoretical impact of social investment on long-term care policy and analyzes its use to justify reforms since the early 2000s. It concludes that social investment has not played any role in Dutch long-term care reforms and a moderate role in France. Meanwhile, in both countries a neoliberal emphasis on the efficiency of the market has contributed to a rise in for-profit service provision and fragmentation of the long-term care sector. While long-term care provision in both countries proved relatively resilient in the first phase of the pandemic, at a later stage its resilience was undermined by fragmentation and marketization, limiting the government's ability to respond adequately to new challenges and, crucially, to improve working conditions in the sector. The article concludes that a social investment approach cannot resolve these problems and that there is a need for a new paradigm that acknowledges the inherent value of care work and prioritizes the long-term sustainability of care provision. Citation: European Journal of Social Security PubDate: 2023-05-23T05:35:58Z DOI: 10.1177/13882627231176134
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Authors:Panayiotis Elia, Sonja Bekker Abstract: European Journal of Social Security, Ahead of Print. 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. Citation: European Journal of Social Security PubDate: 2023-04-25T04:48:50Z DOI: 10.1177/13882627231170856
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Authors:Sandra Mantu, Paul Minderhoud Abstract: European Journal of Social Security, Ahead of Print. 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. Citation: European Journal of Social Security PubDate: 2023-04-18T05:20:38Z DOI: 10.1177/13882627231167653
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Authors:Andrea Lippi, Andrea Terlizzi Abstract: European Journal of Social Security, Ahead of Print. This article analyses the potential implications of the COVID-19 pandemic for the infrastructure of social services in Italy and Spain. Drawing from the policy capacity framework and focusing on childcare and elderly care, we investigate how the National Recovery and Resilience Plans are likely to impact the core functions of the social investment approach. Through document analysis, the article shows that, whereas the infrastructure of the social service system remains characterised by a ‘marble cake’ type of institutional arrangement combining national and subnational responsibilities, attempts have been made by the central governments to steer the social investment policy capacity at the organisational and systemic levels. We argue that the pandemic represents a window of opportunity to rethink the overall system of intergovernmental relations in the field of social services. Citation: European Journal of Social Security PubDate: 2023-04-17T06:37:46Z DOI: 10.1177/13882627231169266
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Authors:Primož Rataj Abstract: European Journal of Social Security, Ahead of Print.
Citation: European Journal of Social Security PubDate: 2023-03-29T07:39:55Z DOI: 10.1177/13882627231167312
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Authors:Christina Grabbe Abstract: European Journal of Social Security, Ahead of Print. 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. Citation: European Journal of Social Security PubDate: 2023-03-29T06:43:24Z DOI: 10.1177/13882627231161926
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Authors:Enzo Weber, Yasemin Yilmaz Abstract: European Journal of Social Security, Ahead of Print. 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. Citation: European Journal of Social Security PubDate: 2023-03-29T06:42:24Z DOI: 10.1177/13882627231161511
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Authors:María Dalli Almiñana Abstract: European Journal of Social Security, Ahead of Print.
Citation: European Journal of Social Security PubDate: 2023-03-27T07:51:42Z DOI: 10.1177/13882627231161988
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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
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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
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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
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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
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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
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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
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