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Overview of recent cases before the Court of Justice of the European Union (September 2021-December 2021) 欧盟法院近期案件概述(2021年9月至2021年12月)
IF 0.7 Q3 PUBLIC ADMINISTRATION Pub Date : 2022-02-19 DOI: 10.1177/13882627221076869
Pauline Melin, Susanne Sivonen
The concept of ‘working time’ for a period of stand-by time according to a stand-by system applicable to firefighters was interpreted by the Court in MG (C-214/20). In the Y case (C-636/19), the Court interpreted the concept of ‘insured person’ for the purpose of reimbursement of healthcare costs under Directive 2011/24. In the TS case (C-538/19), the Court dealt with another cross-border healthcare case. This time the question was whether a Member State can require an authorisation for cross-border healthcare to be subject to the submission of a medical report drawn up by a doctor from its national public health insurance system in light of Article 20 of Regulation 883/2004 and Article 56 TFEU. In ASGI and APN (C-462/20), the exclusion of third-country nationals from the eligibility to the Italian family card was under scrutiny. In SC (C-866/19), the Court clarified that the principle of aggregation applies to the calculation of the theoretical amount of benefit but not to the calculation of the actual amount of benefit under Article 52(1)(b) of Regulation 883/2004. In K (C-285/20), the Court held that being on sick leave and receiving sickness benefits can be considered as equivalent to the pursuit of an economic activity for the purpose of applying the rules on unemployment benefits for wholly unemployed frontier workers under Article 65(2) and (5) of Regulation 883/2004.
法院在MG (C-214/20)中解释了根据适用于消防员的待命制度的一段待命时间的“工作时间”概念。在Y案(C-636/19)中,法院根据2011/24号指令解释了"被保险人"概念,以便报销医疗费用。在TS案(C-538/19)中,法院审理了另一起跨境医疗保健案。这一次的问题是,根据883/2004条例第20条和TFEU条例第56条,成员国是否可以要求跨境医疗保健授权必须提交由其国家公共医疗保险系统的医生起草的医疗报告。在ASGI和APN (C-462/20)中,正在审查将第三国国民排除在意大利家庭卡资格之外。在SC (C-866/19)中,法院澄清,根据法规883/2004第52(1)(b)条,汇总原则适用于计算理论收益金额,但不适用于计算实际收益金额。在K (C-285/20)一案中,法院认为,为适用第883/2004号条例第65(2)和(5)条关于完全失业的边境工人的失业津贴的规定,请病假和领取疾病津贴可被视为等同于从事经济活动。
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引用次数: 3
Book Review: Social Law 4.0. New Approaches for Ensuring and Financing Social Security in the Digital Age by Ulrich Becker and Olga Chesalina 书评:社会法4.0。Ulrich Becker和Olga Chesalina在数字时代确保和资助社会保障的新方法
IF 0.7 Q3 PUBLIC ADMINISTRATION Pub Date : 2022-02-16 DOI: 10.1177/13882627221077122
Kristina Koldinská
an impact on both poverty and human rights. In this part, authors examine meta-issues that exacerbate poverty and human rights violations such as climate change, corruption, conflict (zones), technological advances, and corporate/private actors’ disruptions versus their lack of (sufficient) liability. This impressive collection of chapters lacks, regrettably, a concluding section that brings together the most relevant findings. Granted, drawing concluding remarks from such a diverse and broad take on poverty and human rights is nothing short of a challenge if one wants to avoid unnecessary generalisations and over-simplifications of such sensitive issues. Regardless, a final closing chapter could have offered some needed guiding general remarks to inspire both policymakers and future research. These, however, can be found in the respective chapters. The research handbook presents an important collection of insights on crucial ties between poverty and human rights from an impressive interdisciplinary exercise. This is an essential contribution for researchers and academics to enrich their understanding of poverty, its causes and how the phenomenon progressively transforms. It sheds light on a variety of dimensions of poverty that are currently overlooked from a human rights discourse. As a consequence, it is an important reference for future research and policymaking that should be used to inspire forthcoming contributions and avenues for pursuing the eradication of poverty. Moreover, it brings this impressive collection of contributions in a very timely manner. Amidst a global pandemic, which the authors deem one among many reasons to be pessimistic about advances towards poverty eradication, the handbook advocates for confronting poverty as the core human rights issue that it is. Compared to other volumes on this topic, the research handbook offers a more ambitious collection that is able to address poverty and human rights from a variety of fields and disciplines. This allows the volume to cover both intersectional and structural issues. The novelty of this volume also lies in its duality: it uses the human rights approach to poverty both as a foundation and as the basis for its critique in many of its contributions. Hopefully, this volume will serve its purpose and inspire policymakers and governments alike to confront the urgent a long-standing need to eradicate poverty and significantly reducing inequality.
对贫困和人权的影响。在这一部分中,作者研究了加剧贫困和侵犯人权的元问题,如气候变化、腐败、冲突(地区)、技术进步和企业/私人行为者的干扰,以及他们缺乏(足够的)责任。令人遗憾的是,这本令人印象深刻的章节集缺少一个总结部分,将最相关的调查结果汇集在一起。诚然,如果人们想避免对这些敏感问题进行不必要的概括和过度简化,那么从对贫困和人权的如此多样和广泛的看法中得出结论性意见无异于一种挑战。无论如何,最后一章本可以提供一些必要的指导性一般性意见,以激励决策者和未来的研究。然而,这些可以在相应的章节中找到。这本研究手册汇集了一批关于贫困与人权之间重要联系的重要见解,这些见解来自一项令人印象深刻的跨学科研究。这对研究人员和学术界来说是一项重要贡献,有助于丰富他们对贫困、贫困原因以及贫困现象如何逐渐转变的理解。它揭示了目前在人权讨论中被忽视的贫困的各个方面。因此,它是未来研究和政策制定的重要参考,应该用来激励即将作出的贡献和寻求消除贫困的途径。此外,它非常及时地收集了这些令人印象深刻的捐款。在全球疫情期间,作者认为这是对消除贫困进展持悲观态度的众多原因之一,该手册主张将应对贫困作为核心人权问题,该研究手册提供了一个更雄心勃勃的集合,能够从各个领域和学科解决贫困和人权问题。这使得该卷能够涵盖跨部门和结构问题。这本书的新颖之处还在于它的双重性:它在许多贡献中都将人权方法作为批判贫困的基础和基础。希望这本书能达到其目的,并激励政策制定者和政府应对消除贫困和大幅减少不平等的长期需求。
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引用次数: 0
Regulating the Poor through Internal Borders: The EU in Historical and International Perspectives 通过内部边界调节穷人:历史与国际视角下的欧盟
IF 0.7 Q3 PUBLIC ADMINISTRATION Pub Date : 2021-12-21 DOI: 10.1177/13882627211064637
M. Seeleib-Kaiser
Tensions surrounding internal migrants’ access to welfare and the associated politicisations about who should shoulder the ‘fiscal burden’ are not unique to the European Union (EU). Based on a Most Different Systems Design and following an institutionalist approach, this article analyses the developments associated with freedom of movement and access to poor relief/social assistance in four economically and politically diverse jurisdictions. It also considers the implications of these developments for the EU. The four cases analysed are industrialising England, contemporary China, Germany, and the United States. Although economic integration was a necessary, it was not a sufficient condition for the abolishment of residence requirements for internal migrants in all four jurisdictions. Moreover, it took political power, various coalitions, or the leadership of actors to overcome the barriers and hurdles on the path to social citizenship in the wider territorial jurisdictions. Solidarity as a precondition did not play a significant role.
围绕国内移民获得福利的紧张局势,以及关于谁应该承担“财政负担”的相关政治化,并非欧盟独有。本文以最不同的制度设计为基础,遵循制度主义方法,分析了四个经济和政治不同司法管辖区与行动自由和获得贫困救济/社会援助相关的发展。它还考虑了这些事态发展对欧盟的影响。分析的四个案例分别是工业化的英国、当代中国、德国和美国。尽管经济一体化是必要的,但这并不是在所有四个司法管辖区取消国内移民居住要求的充分条件。此外,在更广泛的领土管辖范围内,需要政治权力、各种联盟或行为者的领导才能克服获得社会公民身份的障碍。团结作为一个先决条件并没有发挥重要作用。
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引用次数: 1
Book Review: Equality and Non-Discrimination in the EU The Foundations of the EU Legal Order by Giovanni Zaccaroni 书评:《欧盟的平等与非歧视:欧盟法律秩序的基础》,乔瓦尼·扎卡罗尼著
IF 0.7 Q3 PUBLIC ADMINISTRATION Pub Date : 2021-12-01 DOI: 10.1177/13882627211054537
Szandra Kramarics
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引用次数: 0
Book Review: Leading Social Policy Analysis from the Front. Essays in Honour of Wim Van Oorschot by Tijs Laenen, Bart Meuleman, Adeline Otto, Femke Roosma, Wim Van Lancker 书评:前沿的社会政策分析。Tijs Laenen,Bart Meuleman,Adeline Otto,Femke Roosma,Wim Van Lancker
IF 0.7 Q3 PUBLIC ADMINISTRATION Pub Date : 2021-11-29 DOI: 10.1177/13882627211061419
J. Lundälv
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引用次数: 0
Overview of recent cases before the Court of Justice of the European Union (March 2021-September 2021) 欧盟法院近期案件概述(2021年3月至2021年9月)
IF 0.7 Q3 PUBLIC ADMINISTRATION Pub Date : 2021-11-20 DOI: 10.1177/13882627211050083
Pauline Melin, Susanne Sivonen
In O.D. and Others v INPS (C-350/20), the Court dealt with the refusal of the Italian authorities to grant childbirth and maternity allowances to third-country nationals falling within the scope of the Single Permit Directive. In CG (C-709/20), the Court considered the refusal of the UK authorities to grant social assistance to an economically inactive EU citizen resident under the UK scheme adopted in the context of Brexit. In AB v Olympiako (C-511/19), the Court found that the Greek legislation, adopted in the context of the economic crisis, placing public sector workers in a labour reserve system is not discriminatory on grounds of age. In WABE and MH Müller Handel (C-804/18 and C-341/19), the Court clarified what circumstances could justify differential treatment indirectly based on religion or belief. The Court confirmed the direct effect of the principle of equal pay for male and female workers enshrined in Article 157 TFEU for cases of work of equal value in Tesco Stores (C-624/19). In Team Power Europe (C-784/19), the Court specified under which criteria a temporary-work agency could be considered as pursuing ‘substantial activities’ in a Member State. In A (C-535/19), the Court held that a Member State cannot exclude an economically inactive EU citizen from its public sickness insurance system but does not have to grant access free of charge. In FORMAT (C-879/19), the Court confirmed that Article 14(2) of Regulation 1408/71 does not apply to a person who, under a single employment contract concluded with a single employer, works in several Member States for more than 12 months in each of those Member States. Finally, in PF (C-27/20), the Court dealt a national legislation which uses the penultimate year preceding the payment period as the reference year for the calculation of family allowances to be allocated.
在O.D.和其他人诉INPS案(C-350/20)中,法院审理了意大利当局拒绝向属于《单一许可证指令》范围内的第三国国民发放生育和生育津贴的案件。在CG (C-709/20)中,法院考虑了英国当局拒绝根据英国脱欧背景下采用的英国计划向居住在经济上不活跃的欧盟公民提供社会援助。在AB诉奥林匹亚科案(C-511/19)中,法院裁定,在经济危机背景下通过的将公共部门工作人员置于劳动储备制度中的希腊立法,不存在以年龄为由的歧视。在WABE和MH mller Handel案(C-804/18和C-341/19)中,法院澄清了在何种情况下可以间接证明基于宗教或信仰的差别待遇是正当的。法院确认了TFEU第157条规定的男女工人同工同酬原则对Tesco商店同工同酬案件的直接影响(C-624/19)。在欧洲电力小组(C-784/19)中,法院具体规定,根据哪些标准,临时工作机构可被视为在会员国从事“实质性活动”。在A (C-535/19)一案中,法院认为,成员国不能将非从事经济活动的欧盟公民排除在其公共疾病保险制度之外,但不必给予免费准入。在FORMAT (C-879/19)中,法院确认,第1408/71号条例第14(2)条不适用于根据与单一雇主签订的单一雇佣合同在多个成员国工作超过12个月的人。最后,在PF (C-27/20)中,法院处理了一项国家立法,其中使用支付期之前的倒数第二年作为计算分配的家庭津贴的参照年。
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引用次数: 1
Book Review: Social Research and Disability. Developing Inclusive Research Spaces for Disabled Researchers by Ciaran Burke and Bronagh Byrne (eds.) 书评:社会研究与残疾。为残疾研究人员开发包容性研究空间,作者:Ciaran Burke和Bronagh Byrne(编)
IF 0.7 Q3 PUBLIC ADMINISTRATION Pub Date : 2021-11-06 DOI: 10.1177/13882627211059192
J. Lundälv
they have regarding social policy, but also about understanding how they are organised, how different issues are linked with other topics in their portfolio, and how they combine different world views in order to disseminate ideas. Third, the whole chain of shaping discourses is thus covered, leading to new empirical insights. The first main lesson is the role played by IOs in establishing priorities and structuring different fields. For instance, the second chapter explains their contribution to shaping youth unemployment as an important policy field, with education becoming a cross-cutting issue for many IOs, resulting in a convergence of the discourse. In some other cases, it may go in the other direction. The way the field itself is structured may impact the dynamic evolution of IOs, as with migration and care issues in chapter 4 or the evolution of climate change in chapter 11. The way IOs contribute to establish priorities and disseminate ideas is reflected in the effectiveness of national policies. In chapter 13, the authors show how food security remains a fundamental problem today and assert that IOs are part of the problem, displaying an overly optimistic trust in the markets to solve the issue. The second important lesson is the connection between discourses and the intrinsic features of IOs, also leading to different interactions with other IOs in the same policy field. The ILO and the World Bank, two dominating IOs in the global governance of social policy, are organised very differently. It leads to opposing logics regarding, labour and migration issues (chapter 2) and also supports the continuation of their dominant positions over time. The different intrinsic features of both key players have resulted in different discourses between a social and a neoliberal discourse regarding global labour standards (chapter 3), pensions (chapter 5), family policies between the North and the South (chapter 8) and disability (chapter 9). Overall, the book shows the importance of a strong contextual perspective for understanding the complexity of the architecture of global social governance and the variety of factors that shape this complexity and the resulting discourses.
他们有关于社会政策的知识,也有关于理解他们是如何组织的,不同的问题如何与他们作品集中的其他主题联系在一起,以及他们如何将不同的世界观结合起来以传播思想。第三,形成话语的整个链条由此被覆盖,从而产生新的经验见解。第一个主要教训是国际组织在确定优先事项和构建不同领域方面发挥的作用。例如,第二章解释了他们对将青年失业塑造为一个重要政策领域的贡献,教育成为许多国际组织的一个交叉问题,导致了话语的趋同。在其他一些情况下,它可能会朝着另一个方向发展。该领域本身的结构方式可能会影响国际组织的动态演变,如第4章中的移民和护理问题或第11章中的气候变化演变。国际组织为确定优先事项和传播思想作出贡献的方式反映在国家政策的有效性上。在第13章中,作者展示了粮食安全如何在今天仍然是一个根本问题,并断言国际组织是问题的一部分,表现出对市场解决问题的过度乐观的信任。第二个重要的教训是话语与IO的内在特征之间的联系,也导致了与同一政策领域的其他IO的不同互动。国际劳工组织和世界银行是全球社会政策治理中的两个主导组织,它们的组织方式截然不同。它导致了关于劳工和移民问题的对立逻辑(第2章),也支持他们随着时间的推移继续占据主导地位。两个关键参与者的不同内在特征导致了社会和新自由主义话语之间关于全球劳工标准(第3章)、养老金(第5章)、南北家庭政策(第8章)和残疾(第9章)的不同话语。总的来说,这本书展示了强大的语境视角对于理解全球社会治理架构的复杂性以及塑造这种复杂性的各种因素和由此产生的话语的重要性。
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引用次数: 0
Book review: The Dual Nature of Employee Involvement. An Economic and Human Right Issue by Sára Hungler 书评:《员工参与的双重性质》。《经济与人权问题》Sára Hungler著
IF 0.7 Q3 PUBLIC ADMINISTRATION Pub Date : 2021-10-29 DOI: 10.1177/13882627211050651
Marco Biasi
neration would no longer be determined by demand and supply on the labour market, but by the government or some other kind of centralised institution (on what criteria?). While it is certainly true that markets too often fail to produce a fair distribution of income, it should not be overlooked that the price mechanism underlying free markets fulfils an important coordinating function, attracting labour supply to the economic sectors where it is needed most. This coordinating function would be thwarted if pay rates were set by the state. The arguments in favour of equal pay are presented in the fourth part of the book. It is argued that rewards other than money could be used to incentivise activities and professions that have a positive impact on society. The authors advocating equal pay for all refer, above all, to solidarity, pointing to the fact that the amount of pay earned by workers often depends on factors for which workers are not accountable, such as health or certain physical abilities. A possible objection to this argument is that ‘equal’ and ‘just’ are not necessarily synonymous terms. As known since Aristotle’s time, only like cases are to be treated alike. Thus, the equal treatment of unequal cases is unjust. Can all works performed really be said to be equal or of equal value? Moreover, granting an equal rate of pay may not result in equal economic treatment of all workers, since some individuals may have greater needs than others due to disease or other natural disadvantages, for example. In my view, the authors supporting equal pay for all could have discussed these aspects more thoroughly. What these considerations show is that an equal rate of pay is neither sufficient nor necessary to achieve an egalitarian system of wealth distribution. This fact is acknowledged by the authors of the second and third parts of the book, which – in my opinion – contain the most convincing contributions. Here, various regulatory alternatives to equal pay that are designed to reduce income disparities are discussed, such as a minimum income for all citizens or pay ratios (i.e., provisions requiring that the highest wages in an organisation or profession cannot be x times greater than the wages of the lowest-paid workers). Compared with the idea of an equal pay rate for all workers, these regulatory proposals seem much more practicable and may be of actual interest for policymakers. In sum, the book offers many different views and perspectives by experts from a wide array of disciplines. It is absolutely worthwhile reading for lawyers, philosophers, economists, social scientists, and policymakers alike.
收入将不再由劳动力市场的需求和供应决定,而是由政府或其他类型的中央机构决定(根据什么标准?)。诚然,市场往往无法实现收入的公平分配,但不应忽视的是,自由市场的价格机制发挥了重要的协调作用,将劳动力供应吸引到最需要的经济部门。如果工资标准由国家制定,这种协调职能将受到阻碍。本书第四部分介绍了赞成同工同酬的论点。有人认为,金钱以外的奖励可以用来激励对社会产生积极影响的活动和职业。主张人人同工同酬的作者首先提到了团结,指出工人的工资数额往往取决于工人不负责任的因素,如健康或某些身体能力。对这一论点的一个可能的反对意见是,“平等”和“公正”不一定是同义词。正如亚里士多德时代以来所知,只有相似的情况才能得到同样的对待。因此,平等对待不平等案件是不公正的。真的可以说所有作品都是平等的还是价值相等的?此外,给予同等的工资可能不会导致所有工人得到平等的经济待遇,因为例如,由于疾病或其他自然劣势,一些人可能比其他人有更大的需求。在我看来,支持同工同酬的作者本可以更彻底地讨论这些方面。这些考虑表明,同工同酬既不足以也不必要实现平等的财富分配制度。这一事实得到了本书第二和第三部分作者的承认,在我看来,这两部分包含了最令人信服的贡献。在这里,讨论了旨在减少收入差距的各种同工同酬的监管替代方案,例如所有公民的最低收入或工资比率(即要求一个组织或职业的最高工资不能是最低工资工人工资的x倍的规定)。与所有工人同工同酬的想法相比,这些监管建议似乎更可行,政策制定者可能会真正感兴趣。总之,这本书提供了来自广泛学科的专家的许多不同观点和观点。对于律师、哲学家、经济学家、社会科学家和政策制定者来说,这本书绝对值得一读。
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引用次数: 0
Book Review: International Organizations in Global Social Governance, Cham by Martens K., Niemann D. & Kaasch A. 《书评:全球社会治理中的国际组织》,作者:马腾斯·K.、尼曼·D.、卡什·A.。
IF 0.7 Q3 PUBLIC ADMINISTRATION Pub Date : 2021-10-25 DOI: 10.1177/13882627211050417
Juliette Alenda-Demoutiez
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引用次数: 0
Different Methods, Different Standards? A Comparison of Two Finnish Reference Budgets 方法不同,标准不同?两种芬兰参考预算的比较
IF 0.7 Q3 PUBLIC ADMINISTRATION Pub Date : 2021-10-21 DOI: 10.1177/13882627211048514
Lauri Mäkinen
According to Principle 14 of the European Pillar of Social Rights, everyone should have the right to adequate minimum income benefits that ensure a life in dignity. Reference budgets have been proposed to monitor this principle. Reference budgets are priced baskets of goods and services that represent a given living standard. At the moment, no common methodology for constructing reference budgets exists; instead, different methods are used to construct them. This study sought to compare the approaches and results of two Finnish reference budgets: one created by the Centre for Consumer Society Research (CCSR), and the second by the ImPRovE project. The purpose of the article is to respond to a gap in existing literature around how different methods for constructing reference budgets impact their outcomes. The two reference budgets offer a strong basis for comparison because they both sought to capture the same living standard in the same context for similar household types (single woman, single man, heterosexual couple, and heterosexual couple with two children), while using different approaches. The results suggest that the two reference budgets arrive at different estimates of what is needed for social participation. Ultimately, we found that the most significant differences between the budgets were housing and mobility costs for the couple with two children due to differences in information bases, selection criteria, evaluators, and pricing. The study makes a significant contribution to the literature because it is one of the first to explore how different approaches to constructing reference budgets affect their outcomes. The results suggest that clear criteria for constructing reference budgets are needed to monitor Principle 14 of the European Pillar of Social Rights.
根据欧洲社会权利支柱原则14,每个人都应有权获得适当的最低收入福利,以确保有尊严的生活。已提出参考预算来监测这一原则。参考预算是代表特定生活水平的商品和服务的定价篮子。目前,尚不存在构建参考预算的通用方法;相反,使用不同的方法来构建它们。本研究试图比较芬兰两个参考预算的方法和结果:一个由消费者社会研究中心(CCSR)创建,另一个由ImPRovE项目创建。这篇文章的目的是回应现有文献中关于构建参考预算的不同方法如何影响其结果的空白。这两个参考预算为比较提供了强有力的基础,因为它们都试图在相同的背景下为相似的家庭类型(单身女性、单身男性、异性恋夫妇和有两个孩子的异性恋夫妇)获取相同的生活水平,同时使用不同的方法。结果表明,这两个参考预算对社会参与所需资金的估计不同。最终,我们发现,由于信息基础、选择标准、评估人员和定价的差异,预算之间最显著的差异是有两个孩子的夫妇的住房和流动成本。这项研究对文献做出了重大贡献,因为它是第一批探索构建参考预算的不同方法如何影响其结果的研究之一。结果表明,需要制定参考预算的明确标准来监测欧洲社会权利支柱原则14。
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引用次数: 0
期刊
European Journal of Social Security
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