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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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}
Pub Date : 2022-12-01DOI: 10.1177/13882627221138599
Danielle Dumont
The case for a universal basic income helps to reflect on what could be done to bring social protection into the 21st century, but, it is argued, does not itself provide the most convincing solution to the difficulties rightly pointed out by its proponents. However, this plea constitutes a fruitful source of inspiration for other developments than that proposed. Three proposals are made here in this respect: reducing the influence of household composition on the amount of social benefits received, making the possibility of combining a social benefit with other financial resources more flexible, and relaxing the work integration requirements imposed in return for the granting of rights.
{"title":"Universal basic income as a source of inspiration for the future of social protection systems? A counter-agenda","authors":"Danielle Dumont","doi":"10.1177/13882627221138599","DOIUrl":"https://doi.org/10.1177/13882627221138599","url":null,"abstract":"The case for a universal basic income helps to reflect on what could be done to bring social protection into the 21st century, but, it is argued, does not itself provide the most convincing solution to the difficulties rightly pointed out by its proponents. However, this plea constitutes a fruitful source of inspiration for other developments than that proposed. Three proposals are made here in this respect: reducing the influence of household composition on the amount of social benefits received, making the possibility of combining a social benefit with other financial resources more flexible, and relaxing the work integration requirements imposed in return for the granting of rights.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45779345","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: 10.1177/13882627221139501
Pauline Melin, Susanne Sivonen
In this case note, nine judgments of the Court will be discussed. The first two judgments discussed concern the principle of equal treatment in relation to family benefits (S v Familienkasse and Commission v Austria). Additionally, both the first and third judgments reported relate to the interpretation of the Citizenship Directive (Directive 2004/38) (S v Familienkasse and VI). The other judgments on social security deal with the calculation of old-age pension (CC) and the legislation applicable for flight and cabin crew (INAIL and INPS) under Regulation 883/2004. The four remaining judgments are cases of discrimination on grounds of sex in the context of pensions (KM v INSS and EB v BVAEB), on grounds of age (A v HK Danmark and HK/Privat) and between temporary agency workers and ‘regular’ workers (Luso Temp).
在本案例说明中，将讨论法院的九项判决。讨论的前两项判决涉及家庭福利方面的平等待遇原则（S诉Familienkasse和Commission诉奥地利）。此外，报告的第一和第三项判决均与《公民身份指令》（第2004/38号指令）的解释有关（S v Familienkasse和VI）。关于社会保障的其他判决涉及养老金的计算以及根据第883/2004号条例适用于机组人员和机组人员的立法（INAIL和INPS）。剩下的四项判决分别是养老金方面基于性别的歧视案件（KM诉INSS和EB诉BVAEB）、年龄歧视案件（A诉HK Danmark和HK/Privat）以及临时代理员工和“正式”员工之间的歧视（Luso Temp）。
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Pub Date : 2022-11-21DOI: 10.1177/13882627221137606
E. Bakirtzi
tors in general (not only economically-dependent workers) is competition law, which tends to look at collectively agreed pay rates for self-employed workers as a – questionable, if not unlawful – concerted restriction on the free-market mechanism which determines the prices of services. If economically-dependent workers are deemed to be vulnerable subjects who cannot defend themselves through the market and who need to be defended from the market, then Schubert and Krause’s stance in favour of the labour shield (i.e. of the immunity) from competition/antitrust law for such workers seems fully justified. Still, the core question remains whether such a shield – and the same could be said for any other labour law protection – should be provided to economically-dependent workers and/or also to those who are not economically, but personally dependent on their clients, as other labour law scholars argue. Given that the final emphasis in the book, embedded in Schubert’s last chapter, is to promote the holistic value of decent work, the choice of the scope of labour law coverage (and of the competition law shield) is just as important as the actual content of the guarantees. Yet, there is no doubt that in fleshing out this policy choice, the – national and supranational – authorities will take into account the accurate and thoughtful contributions of this book, which surely achieves its proposed goal to serve as a solid and sound reference for any further debate on the matter.
{"title":"Book Review: The Revised European Social Charter, An Article by Article Commentary by Karin Lukas","authors":"E. Bakirtzi","doi":"10.1177/13882627221137606","DOIUrl":"https://doi.org/10.1177/13882627221137606","url":null,"abstract":"tors in general (not only economically-dependent workers) is competition law, which tends to look at collectively agreed pay rates for self-employed workers as a – questionable, if not unlawful – concerted restriction on the free-market mechanism which determines the prices of services. If economically-dependent workers are deemed to be vulnerable subjects who cannot defend themselves through the market and who need to be defended from the market, then Schubert and Krause’s stance in favour of the labour shield (i.e. of the immunity) from competition/antitrust law for such workers seems fully justified. Still, the core question remains whether such a shield – and the same could be said for any other labour law protection – should be provided to economically-dependent workers and/or also to those who are not economically, but personally dependent on their clients, as other labour law scholars argue. Given that the final emphasis in the book, embedded in Schubert’s last chapter, is to promote the holistic value of decent work, the choice of the scope of labour law coverage (and of the competition law shield) is just as important as the actual content of the guarantees. Yet, there is no doubt that in fleshing out this policy choice, the – national and supranational – authorities will take into account the accurate and thoughtful contributions of this book, which surely achieves its proposed goal to serve as a solid and sound reference for any further debate on the matter.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44342594","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 : 2022-11-13DOI: 10.1177/13882627221137643
Szandra Kramarics
care crisis and gender equality, which the authors define and present extremely clearly. For example, they explain the difference between the concepts of neoliberalism and New Public Management (NPM), which is rarely clarified in the literature. While neoliberalism takes a holistic view of the state and its effects on the economy and civil society, NPM focuses on various reforms and on how, for example, efficiency can be increased. In the neoliberal care model, the caring services are outsourced to the market and organised in accordance with market values. Both management and ‘technological fixes’ are described as solutions to different problems in care. An important conclusion in the book is that the care crisis in the Nordic countries exists and has been implemented through neoliberal reforms. Another conclusion is that care professionals experience disrespect and suffer from lack of recognition in society. The authors suggest further research in the area so that the care crisis can be resolved. They suggest that more comparative research is needed, to pinpoint both similarities and differences between the Nordic countries but also between other welfare states. They also suggest more research concerning welfare state sustainability and the relationship with both care and social reproduction. The researchers in the book take different intersectional perspectives involving gender, ethnicity and social class. However, the intersectional perspectives have not been applied systematically in all sections. Moreover, the book lacks the perspective of people with various disabilities in the Nordic care crisis. Persons with disabilities find it more difficult than others to get a job on the regular labour market, while young people with disabilities often retire early. This raises several urgent questions for further social policy research. The book could also have contained a special chapter with discussion questions. It would have been good to collect together all the questions arising in the separate chapters into one section. The book combines empirical research, theoretical perspectives, reflections and experiences. It can be read not only by researchers but also by students on various courses. But in order to be able to look ahead, it is important to have historical knowledge and awareness of, for example, the development of feminism, neoliberalism and welfare policy. This book has created a good basis for continued conversations and further research in the field. It is highly recommended for those readers who wish to discover more about the care crisis and care work in different welfare regimes.
{"title":"Book Review: Handbook of Migration and Welfare by Crepaz, Markus M.L. (ed.)","authors":"Szandra Kramarics","doi":"10.1177/13882627221137643","DOIUrl":"https://doi.org/10.1177/13882627221137643","url":null,"abstract":"care crisis and gender equality, which the authors define and present extremely clearly. For example, they explain the difference between the concepts of neoliberalism and New Public Management (NPM), which is rarely clarified in the literature. While neoliberalism takes a holistic view of the state and its effects on the economy and civil society, NPM focuses on various reforms and on how, for example, efficiency can be increased. In the neoliberal care model, the caring services are outsourced to the market and organised in accordance with market values. Both management and ‘technological fixes’ are described as solutions to different problems in care. An important conclusion in the book is that the care crisis in the Nordic countries exists and has been implemented through neoliberal reforms. Another conclusion is that care professionals experience disrespect and suffer from lack of recognition in society. The authors suggest further research in the area so that the care crisis can be resolved. They suggest that more comparative research is needed, to pinpoint both similarities and differences between the Nordic countries but also between other welfare states. They also suggest more research concerning welfare state sustainability and the relationship with both care and social reproduction. The researchers in the book take different intersectional perspectives involving gender, ethnicity and social class. However, the intersectional perspectives have not been applied systematically in all sections. Moreover, the book lacks the perspective of people with various disabilities in the Nordic care crisis. Persons with disabilities find it more difficult than others to get a job on the regular labour market, while young people with disabilities often retire early. This raises several urgent questions for further social policy research. The book could also have contained a special chapter with discussion questions. It would have been good to collect together all the questions arising in the separate chapters into one section. The book combines empirical research, theoretical perspectives, reflections and experiences. It can be read not only by researchers but also by students on various courses. But in order to be able to look ahead, it is important to have historical knowledge and awareness of, for example, the development of feminism, neoliberalism and welfare policy. This book has created a good basis for continued conversations and further research in the field. It is highly recommended for those readers who wish to discover more about the care crisis and care work in different welfare regimes.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46869041","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 : 2022-10-18DOI: 10.1177/13882627221133128
Eleni De Becker
In this reporting procedure (April 2022–September 2022) 1 , we present three cases before the European Court of Human Rights (ECtHR) and one case before the European Committee of Social Rights (ECSR). 2 All three cases before the ECtHR concern pension claims. The first case is Savickis and Others v Latvia (App no 49270/11), dealing with the payment of employment pensions in Latvia to ‘permanently resident non-citizens’. For these citizens, the Latvian legislation did not take into account periods worked in other Soviet republics at the time of the occupation of Latvia by the Union of Soviet Socialist Republics (USSR), which it did do for Latvian citizens. The Court had to review this difference in treatment in light of the prohibition of discrimination in Article 14 European Convention on Human Rights (ECHR) and the right to property in Article 1 Protocol no. 1 to the ECHR (AP ECHR). The second report discusses a case concerning the length of the appeal proceedings relating to a reduction of the applicant's pension rights. In Bieliński v Poland (App no 48762/19), the Court had to review whether there was a violation of Article 6 ECHR (right to a fair trial) and Article 13 ECHR (right to an effective remedy). P.C. v Ireland is the third case that will be discussed (App no 26922/19). It concerns disqualification from an old-age pension while serving a sentence of imprisonment. The applicant claimed that this disqualification violated Article 1 AP ECHR read alone, as well as Article 14 ECHR read in conjunction with Article 1 AP ECHR. Finally, this overview ends with a discussion of the European Social Charter (ESC). In Unione Sindacale di Base (hereinafter: USB) v Italy (collective complaint, App no 170/2018), the ECSR had to review the compatibility of the Italian scheme of socially useful workers with several of the provisions of the ESC, including the prohibition of discrimination (Article E), read in conjunction with the right to social security in Article 12 (1) of the revised ESC.
在本报告程序（2022年4月至2022年9月）1中，我们向欧洲人权法院（ECtHR）提交了三个案件，向欧洲社会权利委员会（ECSR）提交了一个案件。2欧洲人权法院受理的所有三起案件都涉及养老金索赔。第一个案件是Savickis等人诉拉脱维亚案（申请号49270/11），涉及在拉脱维亚向“永久居民非公民”支付就业养老金的问题。对于这些公民来说，拉脱维亚立法没有考虑到苏维埃社会主义共和国联盟（苏联）占领拉脱维亚时在其他苏联共和国工作的时期，它确实考虑到了拉脱维亚公民。法院必须根据《欧洲人权公约》第14条中禁止歧视的规定和《欧洲人权条约》第1号议定书第1条中的财产权，审查这种待遇差异。第二份报告讨论了一个案件，涉及与减少申请人养恤金权利有关的上诉程序的期限。在Bieliński诉波兰案（申请号48762/19）中，法院必须审查是否存在违反《欧洲人权公约》第6条（公平审判权）和第13条（有效补救权）的行为。P.C.诉爱尔兰案是将要讨论的第三个案件（申请号26922/19）。它涉及在服刑期间取消领取养老金的资格。申请人声称，这种取消资格的行为违反了单独阅读的《欧洲人权公约》第一条，以及与《欧洲人权条约》第一条一并阅读的《欧盟人权公约》第十四条。最后，本概述以对《欧洲社会宪章》（ESC）的讨论结束。在Unione Sindacale di Base（以下简称USB）诉意大利（集体申诉，申请号170/2018）一案中，ECSR不得不审查意大利社会福利工作者计划与ESC的若干条款的兼容性，包括禁止歧视（第E条），并结合修订后的ESC第12（1）条中的社会保障权进行解读。
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Pub Date : 2022-09-18DOI: 10.1177/13882627221128841
J. Lundälv
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