Pub Date : 2022-06-09DOI: 10.1177/13882627221104501
H. Hiilamo
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.
{"title":"A Truly Missed Opportunity: The Political Context and Impact of the Basic Income Experiment in Finland","authors":"H. Hiilamo","doi":"10.1177/13882627221104501","DOIUrl":"https://doi.org/10.1177/13882627221104501","url":null,"abstract":"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.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45292595","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-01DOI: 10.1177/13882627221104499
I. Lipowicz
caveat that the book is successful in establishing is, that this is easier said than done, especially in an industry where there is a lot of variability when it comes to age, background, and even pay (whole or partial source of income). Overall, this book does succeed in providing creative, rigorous, valuable and important empirical insights through its thought-provoking combination of empirical and legal analyses by academics and observers or participants in the gig economy. The noteworthy strengths of the book are its multifaceted treatment of gig work, the interdisciplinary approach, and the plethora of references to news outlets, signalising how widespread and socially present this phenomenon is. The book is written in an understandable manner and is very informative, comprehensive and of high quality, enriching the discussion on gig economy. The book is particularly relevant for researchers, social partners and policymakers that are seeking comparative information, but is recommended also to a wider range of readers, interested in understanding a bit about the work lives of the people who comprise the gig economy in the US.
{"title":"Book Review: Handbook on Austerity, Populism and the Welfare State by Bent Greve","authors":"I. Lipowicz","doi":"10.1177/13882627221104499","DOIUrl":"https://doi.org/10.1177/13882627221104499","url":null,"abstract":"caveat that the book is successful in establishing is, that this is easier said than done, especially in an industry where there is a lot of variability when it comes to age, background, and even pay (whole or partial source of income). Overall, this book does succeed in providing creative, rigorous, valuable and important empirical insights through its thought-provoking combination of empirical and legal analyses by academics and observers or participants in the gig economy. The noteworthy strengths of the book are its multifaceted treatment of gig work, the interdisciplinary approach, and the plethora of references to news outlets, signalising how widespread and socially present this phenomenon is. The book is written in an understandable manner and is very informative, comprehensive and of high quality, enriching the discussion on gig economy. The book is particularly relevant for researchers, social partners and policymakers that are seeking comparative information, but is recommended also to a wider range of readers, interested in understanding a bit about the work lives of the people who comprise the gig economy in the US.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46083119","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-01DOI: 10.1177/13882627221107042
Herwig Verschueren
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.
{"title":"The Application of the Conflict Rules of the European Social Security Coordination to Telework During and After the COVID-19 Pandemic.","authors":"Herwig Verschueren","doi":"10.1177/13882627221107042","DOIUrl":"https://doi.org/10.1177/13882627221107042","url":null,"abstract":"<p><p>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.</p>","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9243967/pdf/10.1177_13882627221107042.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40474005","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-01DOI: 10.1177/13882627221096170
Eleni De Becker
In this reporting period (October 2021 – February 2022), four cases before the European Court of Human Rights (hereinafter: ECtHR) will be presented. 2 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.
{"title":"Overview of recent cases before the European Court of Human Rights (October 2021 – February 2022)","authors":"Eleni De Becker","doi":"10.1177/13882627221096170","DOIUrl":"https://doi.org/10.1177/13882627221096170","url":null,"abstract":"In this reporting period (October 2021 – February 2022), four cases before the European Court of Human Rights (hereinafter: ECtHR) will be presented. 2 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.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43264638","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-01DOI: 10.1177/13882627221106800
Julie J Janssens, Natascha Van Mechelen
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.
{"title":"To take or not to take? An overview of the factors contributing to the non-take-up of public provisions","authors":"Julie J Janssens, Natascha Van Mechelen","doi":"10.1177/13882627221106800","DOIUrl":"https://doi.org/10.1177/13882627221106800","url":null,"abstract":"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.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41288483","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-05-22DOI: 10.1177/13882627221095105
F. Pennings
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.
{"title":"Does the EU Charter of Fundamental Rights have Added Value for Social Security?","authors":"F. Pennings","doi":"10.1177/13882627221095105","DOIUrl":"https://doi.org/10.1177/13882627221095105","url":null,"abstract":"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.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46276425","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-05-09DOI: 10.1177/13882627221092464
Ambreen Yousuf
Socio-political circumstances combined with economic inequalities have historically been part of pandemics such as the influenza, or Spanish flu, pandemic of 1918, the N1H1 outbreak of 2009, and the Covid-19 pandemic of 2019. Using historical data, Bambra, Lynch, and Smith examine to what extent previous public health emergencies and the current Covid-19 crisis have impacted different spectrums of society. Questioning the way various governments approached the lockdown, the authors argue that the Covid-19 pandemic further widened the gap between the rich and the poor. For instance, in India, the sudden announcement of lockdown led to the mass migration of poor migrant workers. What is remarkable about this work is that the authors have focused on the plight of the disadvantaged sections of society, who were the biggest victims of this global pandemic. It would be pertinent to mention here that the Covid-19 pandemic struck when many countries were already facing political and economic backsliding. The book consists of six chapters. Each chapter explores how the Covid-19 pandemic turned everyday life upside down, particularly that of the marginalised communities. Interestingly, the book shows glaring differences in how various governments made ‘varying efforts’ to control and manage the pandemic. For instance, New Zealand took strict and effective measures and closed their borders while Sweden took a more laissez-faire approach, merely restricting public gatherings. During the early phase of the Covid-19 pandemic, Australia, South Korea, and Germany took health surveillance measures like contact tracing and introduced individual quarantine to control the spread of the virus. The Covid-19 pandemic acts as an ‘unequal contagion’, which, according to the authors, discriminates differently by posing huge risks to some sections and fewer risks to other sections depending upon their social and economic background. By arguing so, however, the authors also recognise the vulnerability of the masses to the Covid virus, irrespective of their political and economic status. The Unequal Pandemic seeks to argue that the Covid-19 pandemic is unequal in four broad ways: it is killing unequally, it is being experienced unequally, it is impoverishing unequally, and its inequalities are political. Explaining massive mortality rates among the weaker sections of the society, the authors focus on the bigger picture of how pre-existing inequalities based on social, ethnic, occupational, intersectional, and geographical inequalities have worsened the impact of Covid-19 on certain sections of society. Book Review
{"title":"Book Review: The Unequal Pandemic Covid-19 and Health Inequalities by Clare Bambra, Julia Lynch and Katherine E. Smith","authors":"Ambreen Yousuf","doi":"10.1177/13882627221092464","DOIUrl":"https://doi.org/10.1177/13882627221092464","url":null,"abstract":"Socio-political circumstances combined with economic inequalities have historically been part of pandemics such as the influenza, or Spanish flu, pandemic of 1918, the N1H1 outbreak of 2009, and the Covid-19 pandemic of 2019. Using historical data, Bambra, Lynch, and Smith examine to what extent previous public health emergencies and the current Covid-19 crisis have impacted different spectrums of society. Questioning the way various governments approached the lockdown, the authors argue that the Covid-19 pandemic further widened the gap between the rich and the poor. For instance, in India, the sudden announcement of lockdown led to the mass migration of poor migrant workers. What is remarkable about this work is that the authors have focused on the plight of the disadvantaged sections of society, who were the biggest victims of this global pandemic. It would be pertinent to mention here that the Covid-19 pandemic struck when many countries were already facing political and economic backsliding. The book consists of six chapters. Each chapter explores how the Covid-19 pandemic turned everyday life upside down, particularly that of the marginalised communities. Interestingly, the book shows glaring differences in how various governments made ‘varying efforts’ to control and manage the pandemic. For instance, New Zealand took strict and effective measures and closed their borders while Sweden took a more laissez-faire approach, merely restricting public gatherings. During the early phase of the Covid-19 pandemic, Australia, South Korea, and Germany took health surveillance measures like contact tracing and introduced individual quarantine to control the spread of the virus. The Covid-19 pandemic acts as an ‘unequal contagion’, which, according to the authors, discriminates differently by posing huge risks to some sections and fewer risks to other sections depending upon their social and economic background. By arguing so, however, the authors also recognise the vulnerability of the masses to the Covid virus, irrespective of their political and economic status. The Unequal Pandemic seeks to argue that the Covid-19 pandemic is unequal in four broad ways: it is killing unequally, it is being experienced unequally, it is impoverishing unequally, and its inequalities are political. Explaining massive mortality rates among the weaker sections of the society, the authors focus on the bigger picture of how pre-existing inequalities based on social, ethnic, occupational, intersectional, and geographical inequalities have worsened the impact of Covid-19 on certain sections of society. Book Review","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43471830","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-04-25DOI: 10.1177/13882627221094059
Pauline Melin, Susanne Sivonennn
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.
在Bezirkshauptmannschaft hartberg - f rstenfeld (C-205/20)一案中，法院被要求澄清2014/67号指令下关于在派遣工人的情况下处罚的相称性的规定是否具有直接效力。在CJ诉TGSS案(C-389/20)中，根据第79/7号指令所载的不基于性别歧视的原则，正在审查将家庭工人排除在失业津贴之外的西班牙社会保障立法。在HR Rail (C-485/20)一案中，法院根据指令2000/78第5条解释了雇主为残疾工人(包括实习生)提供“合理便利”的义务。在Koch Personaldienstleistungen GmbH (C-514/20)一案中，法院决定在计算工作时间和加班费时，应只考虑实际工作时数，还是同时考虑带薪年假的时数。继续讨论年假权利的重要性，法院在statatssecretary van Financiën (C-217/20)一案中就工人因病永久丧失工作能力情况下的年假薪酬作出裁决。在VB (C-262/20)中，法院审议了保加利亚关于消防员等公务员夜间工作时间的法律是否符合第2003/88号指令和《基本权利宪章》。最后，在MIUR et Ufficio Scolastico Regionale per la Campania (C-282/19)一案中，法院评估了意大利天主教教育教师系统地使用连续定期合同是否可以在框架协议第5(1)条的意义上以“客观原因”为理由。
{"title":"Overview of recent cases before the Court of Justice of the European Union (January-march 2022)","authors":"Pauline Melin, Susanne Sivonennn","doi":"10.1177/13882627221094059","DOIUrl":"https://doi.org/10.1177/13882627221094059","url":null,"abstract":"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.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45927049","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-04-11DOI: 10.1177/13882627221092463
Claudia Baumann
{"title":"Book Review: At the Frontiers of State Responsibility: Socio-economic Rights and Cooperation on Migration by Annick Pijnenburg","authors":"Claudia Baumann","doi":"10.1177/13882627221092463","DOIUrl":"https://doi.org/10.1177/13882627221092463","url":null,"abstract":"","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45455289","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-04-04DOI: 10.1177/13882627221091587
Radosław Mędrzycki
{"title":"Book Review: The Struggle for Social Sustainability. Moral Conflicts in Global Social Policy by Christopher Deeming","authors":"Radosław Mędrzycki","doi":"10.1177/13882627221091587","DOIUrl":"https://doi.org/10.1177/13882627221091587","url":null,"abstract":"","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41574299","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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