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.
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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":"24 1","pages":"117 - 135"},"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":"1 1","pages":""},"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":"24 1","pages":"136 - 147"},"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":"24 1","pages":"158 - 159"},"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":"24 1","pages":"163 - 164"},"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}
Pub Date : 2022-04-04DOI: 10.1177/13882627221092046
Primož Rataj
to create an abstract three-step assessment that may be claimed to be universally applicable. The necessary sacrifice of some depth of analysis is occasionally regrettable. Despite the wide array of sources considered as well as the ambitious layout of her study, Pijnenburg creates a very well structured and accessible text. And even though the guiding question of the book has a significant moral dimension, Pijnenburg manages to retain focus on the legal framework and basis. Ideally, the book should perhaps be read by policymakers framing cooperative migration control mechanisms. It is, nonetheless, a very informative and insightful read for anyone dealing with responsibility and accountability under international law, or with human rights law, migration law, socio-economic rights, legal theory and other related fields of interest and research.
{"title":"Book Review: Beyond the Algorithm: Qualitative Insights for gig Work Regulation by Deepa Das Acevedo","authors":"Primož Rataj","doi":"10.1177/13882627221092046","DOIUrl":"https://doi.org/10.1177/13882627221092046","url":null,"abstract":"to create an abstract three-step assessment that may be claimed to be universally applicable. The necessary sacrifice of some depth of analysis is occasionally regrettable. Despite the wide array of sources considered as well as the ambitious layout of her study, Pijnenburg creates a very well structured and accessible text. And even though the guiding question of the book has a significant moral dimension, Pijnenburg manages to retain focus on the legal framework and basis. Ideally, the book should perhaps be read by policymakers framing cooperative migration control mechanisms. It is, nonetheless, a very informative and insightful read for anyone dealing with responsibility and accountability under international law, or with human rights law, migration law, socio-economic rights, legal theory and other related fields of interest and research.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":"24 1","pages":"159 - 161"},"PeriodicalIF":0.7,"publicationDate":"2022-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43132433","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 : 2022-03-01DOI: 10.1177/13882627211069671
A. Aranguiz
There is a general agreement in international human rights law that no social phenomenon is as comprehensive in its assault on human rights as poverty. Poverty is seen as an erosion of human rights and is the result of cumulative violations to economic, social, civil and political rights. The Research Handbook on Human Rights and Poverty offers both a critique and praise to this human rights approach to poverty. The handbook starts with a foreword by former UN Rapporteur on extreme poverty and human rights, Philip Alston, who offers a rather critical take on the institutional efforts to address, let alone eradicate, poverty, and suggests that poverty is a ‘political choice’. Many other authors of the book join this critique to the existing institutional setting to fight poverty, while simultaneously building on the current structural design to find innovative solutions or approaches to poverty from a human rights approach. An impressive number of leading experts in the field of human rights contribute to this research handbook by exploring the link between human rights and poverty and provide a critical look to key challenges in the field. The volume both suggests that more research needs to be done on poverty through a human rights lens and at the same time challenges assumptions of contemporary human rights concepts. It criticizes, inter alia, the marginal human rights obligations private actors bear considering their involvement in the global power dynamics and in exacerbating inequalities. Overall, the 35 chapters that compose the research handbook sketch the state of play of poverty and human rights and raise probing questions about the very same status quo. The research handbook is divided in four parts. Accordingly, the first few chapters put into question the very foundations of a human rights approach to poverty by challenging shared definitions, measurements and standards of poverty commonly used in the international community, which are essential for crafting, implementing and assessing policy responses. The second part analyses the poverty and inequality dynamics in relation to cross-cutting issues. This second part is divided into three sub-parts that address issues linked to identity (age, disability, gender or sexual orientation), circumstantial aspects of poverty (migration or geography) and participation issues where the link between poverty and political rights is explored. Part three, in turn, turns into a discussion over the policy approaches to poverty and human rights and includes important contributions regarding housing, healthcare, privatisation, workers’ rights and taxation. The fourth and closing part of the Book Reviews
{"title":"Book Review: Research Handbook on Human Rights and Poverty by Marthe F. Davies, Mortem Kjaerum, Amanda Lyons (eds.)","authors":"A. Aranguiz","doi":"10.1177/13882627211069671","DOIUrl":"https://doi.org/10.1177/13882627211069671","url":null,"abstract":"There is a general agreement in international human rights law that no social phenomenon is as comprehensive in its assault on human rights as poverty. Poverty is seen as an erosion of human rights and is the result of cumulative violations to economic, social, civil and political rights. The Research Handbook on Human Rights and Poverty offers both a critique and praise to this human rights approach to poverty. The handbook starts with a foreword by former UN Rapporteur on extreme poverty and human rights, Philip Alston, who offers a rather critical take on the institutional efforts to address, let alone eradicate, poverty, and suggests that poverty is a ‘political choice’. Many other authors of the book join this critique to the existing institutional setting to fight poverty, while simultaneously building on the current structural design to find innovative solutions or approaches to poverty from a human rights approach. An impressive number of leading experts in the field of human rights contribute to this research handbook by exploring the link between human rights and poverty and provide a critical look to key challenges in the field. The volume both suggests that more research needs to be done on poverty through a human rights lens and at the same time challenges assumptions of contemporary human rights concepts. It criticizes, inter alia, the marginal human rights obligations private actors bear considering their involvement in the global power dynamics and in exacerbating inequalities. Overall, the 35 chapters that compose the research handbook sketch the state of play of poverty and human rights and raise probing questions about the very same status quo. The research handbook is divided in four parts. Accordingly, the first few chapters put into question the very foundations of a human rights approach to poverty by challenging shared definitions, measurements and standards of poverty commonly used in the international community, which are essential for crafting, implementing and assessing policy responses. The second part analyses the poverty and inequality dynamics in relation to cross-cutting issues. This second part is divided into three sub-parts that address issues linked to identity (age, disability, gender or sexual orientation), circumstantial aspects of poverty (migration or geography) and participation issues where the link between poverty and political rights is explored. Part three, in turn, turns into a discussion over the policy approaches to poverty and human rights and includes important contributions regarding housing, healthcare, privatisation, workers’ rights and taxation. The fourth and closing part of the Book Reviews","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":"24 1","pages":"68 - 69"},"PeriodicalIF":0.7,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49041180","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 : 2022-03-01DOI: 10.1177/13882627221085019
Luke Martinelli, Y. Vanderborght
Is a social investment strategy compatible with the provision of an unconditional basic income? Prima facie, these two scenarios look like incongruent policy alternatives. While social investment – an influential policy paradigm at the level of the European Union – aims at promoting public services and maximum labour market participation, basic income is paid in cash and has sometimes been presented as the key component of a post-work future. In this article, we explore this apparent incongruence and show that these two visions for welfare reform are not necessarily incompatible. We argue that they may share a number of substantial points of agreement, and indeed may reinforce one another according to a logic of institutional complementarity. In particular, we claim that a partial basic income (i.e., a modest unconditional income guarantee, whose amount would be insufficient if one lives alone) could enhance or complement the key functions of a social-democratic version of the social investment strategy. By doing so, we conclude that the integration of a basic income into a social investment package could contribute to overcoming criticisms of the social investment agenda. At the same time, it could rescue basic income from the numerous critics who see it as an unrealistic policy proposal.
{"title":"Basic Income and the Social Investment State: Towards Mutual Reinforcement?","authors":"Luke Martinelli, Y. Vanderborght","doi":"10.1177/13882627221085019","DOIUrl":"https://doi.org/10.1177/13882627221085019","url":null,"abstract":"Is a social investment strategy compatible with the provision of an unconditional basic income? Prima facie, these two scenarios look like incongruent policy alternatives. While social investment – an influential policy paradigm at the level of the European Union – aims at promoting public services and maximum labour market participation, basic income is paid in cash and has sometimes been presented as the key component of a post-work future. In this article, we explore this apparent incongruence and show that these two visions for welfare reform are not necessarily incompatible. We argue that they may share a number of substantial points of agreement, and indeed may reinforce one another according to a logic of institutional complementarity. In particular, we claim that a partial basic income (i.e., a modest unconditional income guarantee, whose amount would be insufficient if one lives alone) could enhance or complement the key functions of a social-democratic version of the social investment strategy. By doing so, we conclude that the integration of a basic income into a social investment package could contribute to overcoming criticisms of the social investment agenda. At the same time, it could rescue basic income from the numerous critics who see it as an unrealistic policy proposal.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":"24 1","pages":"40 - 57"},"PeriodicalIF":0.7,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44150203","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 : 2022-02-28DOI: 10.1177/13882627221075643
Jaan Paju
From a standpoint of fundamental rights, the European Court of Justice (ECJ) can be considered as having taken a restrictive approach to social security ever since it ruled in case C-333/13, Dano. The ECJ ruled that the Charter of Fundamental Rights of the European Union does not apply because Regulation 883/2004 only coordinates member states’ social security systems. This has since been raised by national courts in seven further preliminary rulings: case C-647/13, Melchior; case C-408/14, Wojciechowski; case C-284/15, M; case C-89/16, Szoja; case C-447/18, UB; case C-243/19, A; and case C-243/19, CG. In the light of these rulings, this article provides an analysis of social security from a rights perspective. This includes considering and analysing the inherent limitations of the Charter in view of the principle of conferral. The author asks: the Charter and social security rights – time to stand and deliver? If so: deliver what? If not: why not?
{"title":"The Charter and Social Security Rights: Time to Stand and Deliver?","authors":"Jaan Paju","doi":"10.1177/13882627221075643","DOIUrl":"https://doi.org/10.1177/13882627221075643","url":null,"abstract":"From a standpoint of fundamental rights, the European Court of Justice (ECJ) can be considered as having taken a restrictive approach to social security ever since it ruled in case C-333/13, Dano. The ECJ ruled that the Charter of Fundamental Rights of the European Union does not apply because Regulation 883/2004 only coordinates member states’ social security systems. This has since been raised by national courts in seven further preliminary rulings: case C-647/13, Melchior; case C-408/14, Wojciechowski; case C-284/15, M; case C-89/16, Szoja; case C-447/18, UB; case C-243/19, A; and case C-243/19, CG. In the light of these rulings, this article provides an analysis of social security from a rights perspective. This includes considering and analysing the inherent limitations of the Charter in view of the principle of conferral. The author asks: the Charter and social security rights – time to stand and deliver? If so: deliver what? If not: why not?","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":"24 1","pages":"21 - 39"},"PeriodicalIF":0.7,"publicationDate":"2022-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44065456","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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