Pub Date : 2023-03-01DOI: 10.1177/13882627231161926
Christina Grabbe
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.
{"title":"Free movement and access to social security in the EU: The challenge of exporting unemployment benefits","authors":"Christina Grabbe","doi":"10.1177/13882627231161926","DOIUrl":"https://doi.org/10.1177/13882627231161926","url":null,"abstract":"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.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":"25 1","pages":"20 - 40"},"PeriodicalIF":0.7,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42148410","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 : 2023-03-01DOI: 10.1177/13882627231160533
Simone Emmert
{"title":"Book Review: Migrants’ Attitudes and the Welfare State. The Danish Melting Pot by Karen Nielsen Breidahl, Troels Fage Hedegaard, Kristian Kongshøj, Christian Albrekt Larsen","authors":"Simone Emmert","doi":"10.1177/13882627231160533","DOIUrl":"https://doi.org/10.1177/13882627231160533","url":null,"abstract":"","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":"25 1","pages":"100 - 101"},"PeriodicalIF":0.7,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44397661","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 : 2023-03-01DOI: 10.1177/13882627231161511
Enzo Weber, Yasemin Yilmaz
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.
{"title":"Designing short-time work for mass use","authors":"Enzo Weber, Yasemin Yilmaz","doi":"10.1177/13882627231161511","DOIUrl":"https://doi.org/10.1177/13882627231161511","url":null,"abstract":"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.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":"25 1","pages":"60 - 76"},"PeriodicalIF":0.7,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45003477","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 : 2023-02-27DOI: 10.1177/13882627231159987
Artan Mustafa
vaccinations. As suggestions for future editions of the book, other emerging topics which could also be included are climate change and its impact on health from the human rights perspective, or the interactions between long-term care and the right to health. For example, socio-health coordination is essential for people with limited autonomy, such as those living in care homes, which was an issue during the Covid-19 pandemic, resulting in potential human rights violations in many European states. Nevertheless, the book already covers a wide range of areas which have been chosen wisely by the authors, given the relevance and topicality of all of the issues. Health and Human Rights: Global and European Perspectives undoubtedly provides inspiration and a highly useful guide for any reader with an academic or professional interest on such an essential topic.
{"title":"Book Review: Social Policy in Changing European Societies. Research agendas for the 21st Century by K. Nelson, et al.","authors":"Artan Mustafa","doi":"10.1177/13882627231159987","DOIUrl":"https://doi.org/10.1177/13882627231159987","url":null,"abstract":"vaccinations. As suggestions for future editions of the book, other emerging topics which could also be included are climate change and its impact on health from the human rights perspective, or the interactions between long-term care and the right to health. For example, socio-health coordination is essential for people with limited autonomy, such as those living in care homes, which was an issue during the Covid-19 pandemic, resulting in potential human rights violations in many European states. Nevertheless, the book already covers a wide range of areas which have been chosen wisely by the authors, given the relevance and topicality of all of the issues. Health and Human Rights: Global and European Perspectives undoubtedly provides inspiration and a highly useful guide for any reader with an academic or professional interest on such an essential topic.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":"25 1","pages":"98 - 100"},"PeriodicalIF":0.7,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43520637","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 : 2023-02-27DOI: 10.1177/13882627231159101
N. Andersen, K. Breidahl
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.
{"title":"How administrative reforms influence the capacity for implementing the social investment state","authors":"N. Andersen, K. Breidahl","doi":"10.1177/13882627231159101","DOIUrl":"https://doi.org/10.1177/13882627231159101","url":null,"abstract":"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.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":"25 1","pages":"139 - 157"},"PeriodicalIF":0.7,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48636355","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 : 2023-02-27DOI: 10.1177/13882627231157052
Pauline Melin, Susanne Sivonen
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.
本案例说明报告了法院关于社会保障的五项判决。首先，Raad van bestuur van de Sociale verzekeringbank诉X和Y案（C-713/20）涉及根据第883/2004号条例适用于临时机构工作人员的与合同期限有关的立法。第二，DN v FinanzamtÖsterreich（家庭补偿）（C-199/21）涉及父母获得家庭福利的权利，父母不与子女住在一起，但承担抚养费。第三，MCM诉Centrala studiestödsnämnden案（C-638/20）是关于根据《TFEU》第45条向移民工人家庭成员出口学生资助的案件。第四，尽管合伙企业是在另一个成员国合法缔结和注册的，但为了在一个成员国中获得遗属养老金而注册合伙企业的要求正在国家保险养老金（C-731/21）中受到审查。第五，也是最后一点，FK诉Rechtsanwaltskamer Wien（C-58/21）讨论了根据《过渡联邦欧盟》第45条和第49条，放弃在其他成员国执业律师的权利以获得提前退休养老金的要求。
{"title":"Overview of recent cases before the Court of Justice of the European Union (September-December 2022)","authors":"Pauline Melin, Susanne Sivonen","doi":"10.1177/13882627231157052","DOIUrl":"https://doi.org/10.1177/13882627231157052","url":null,"abstract":"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.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":"25 1","pages":"77 - 86"},"PeriodicalIF":0.7,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42932806","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 : 2023-02-20DOI: 10.1177/13882627231155044
Eleni De Becker
In this reporting period (October 2022 – December 2022) two cases before the European Court of Human Rights (ECtHR) will be presented. 1 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.
{"title":"Overview of recent cases before the European court of human rights (October 2022 – December 2022)","authors":"Eleni De Becker","doi":"10.1177/13882627231155044","DOIUrl":"https://doi.org/10.1177/13882627231155044","url":null,"abstract":"In this reporting period (October 2022 – December 2022) two cases before the European Court of Human Rights (ECtHR) will be presented. 1 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.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":"25 1","pages":"87 - 94"},"PeriodicalIF":0.7,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48979572","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 : 2023-02-19DOI: 10.1177/13882627231158522
Youngcho Lee
{"title":"Book Review: Women, Welfare and Productivism in East Asia and Europe by Ruby CM Chau and Sam WK Yu (eds)","authors":"Youngcho Lee","doi":"10.1177/13882627231158522","DOIUrl":"https://doi.org/10.1177/13882627231158522","url":null,"abstract":"","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":"25 1","pages":"102 - 104"},"PeriodicalIF":0.7,"publicationDate":"2023-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43194498","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 : 2022-12-01DOI: 10.1177/13882627221150542
Elroi Hadad, S. Dimitrov, Jivka Stoilova-Nikolova
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.
{"title":"Development of capital pension funds in the Czech Republic and Bulgaria and readiness to implement PEPP","authors":"Elroi Hadad, S. Dimitrov, Jivka Stoilova-Nikolova","doi":"10.1177/13882627221150542","DOIUrl":"https://doi.org/10.1177/13882627221150542","url":null,"abstract":"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.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":"24 1","pages":"342 - 360"},"PeriodicalIF":0.7,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45739915","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 : 2022-12-01DOI: 10.1177/13882627221147276
Kevin Hartmann-Cortés
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.
{"title":"Should we uprate social benefits for inflation as a matter of Article 1 Protocol 1?","authors":"Kevin Hartmann-Cortés","doi":"10.1177/13882627221147276","DOIUrl":"https://doi.org/10.1177/13882627221147276","url":null,"abstract":"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.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":"24 1","pages":"319 - 341"},"PeriodicalIF":0.7,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42145605","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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