An edition of Introduction to European social security law
(1998)
European social security law
by Frans Pennings
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Introduction to European social security law
1998, London, Kluwer Law International
in English
- 2nd ed.
904111033X 9789041110336
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Book Details
Table of Contents
Table of Contents
Preface
Abbreviations
PART I CO-ORDINATION
1. Introduction to the Concept of Coordination
1.1 General
1.2 The Territoriality Principle
1.3 A Definition of Co-ordination
1.4 Tasks of a Co-ordination Instrument
1.4.1 Solving Conflicts of Law
1.4.2 Prohibition of Discrimination on the Basis of Nationality
1.4.3 Territorial Requirements for Acquiring Benefit Rights
1.4.4 Territorial Requirements for Payment of Benefit
2 The Institutional Context of Regulation 883/2004
2.1 The Requirements for Deciding on a Coordination Regulation
2.2 The Court of Justice
2.3 The Legal basis for the Co-ordination Regulation
2.4 Article 48 TFEU Directly applied in Coordination Cases
2.5 A Very Short History of the Coordination Regulations
2.6 The Structure of Regulation 883/2004
3 The Conditions for Applicability of Regulation 883/2004
3.1 Introduction
3.2 The Facts of the Case Must not be Restricted to One Member State
3.3 The Territorial Scope of Regulation 883/2004
4 The Personal Scope of Regulation 883/2004
4.1 Introduction
4.2 A Historical Overview of the Personal Scope of Regulations 3 and 1408/71
4.3 The Personal Scope of Regulation 883/2004
4.3.1 Introduction
4.3.2 The Requirement of being subject to the Legislation of a Member State
4.3.3 The Nationality Condition
4.3.4 Stateless Persons and Refuges
4.4 Third Country Nationals are covered by a separate Regulation
4.5 Members of the Family and Survivors
5. The Material Scope of Regulation 883/2004
5.1. Introduction
5.2. The Term Legislation and the Exclusion of Contractual Schemes
5.3. The Classification of Benefits
5.3.1 Introduction: a Limited Material Scope
5.3.2 The Criteria for Classifying Benefits
5.3.3 The Coverage of Benefits which form Part of Schemes outside the Material Scope and the Coverage of Schemes containing Rules not related to Social Security Benefits
5.3.4 Taxation and the Coordination Regulation
5.3.5 Liability of Employers and the Scope of the Regulation
5.4 Benefits for Victims of War or its Consequences
5.5. Social and Medical Assistance
5.6. Special Non-Contributory Benefits
5.6.1 The Provisions Relevant to the Special Non-contributory Benefits
5.6.2 The Interpretation of the Word ‘Reside’
5.6.3 The Qualification as Special Non-contributory Benefit
5.6.4 Revision of the Annex as a result of the Leclere judgment
5.6.5 Non-exportability of the Special Non-contributory Benefits and Free Movement
6 The Rules for Determining the Legi¬sla¬tion Appli¬cable
6.1 Introduction
6.2 The Main Characteristics of the Rules for Determining the Legislation Applicable
6.2.1 The State of Employment Principle
6.2.2 The Exclusive Effect of the Rules for Determining the Legislation Applicable
6.2.3 The Binding Effect of the Rules for he Rules for Determining the Legislation Applicable
6.2.4 The Practical Effect Doctrine
6.2.5 The Inescapability of the Rules for Determining the Legislation Applicable
6.2.6 Special Rules for Determining the Legislation Applicable for Specific Benefits
6.3 The Legislation Applicable for Persons who working in one Member State only
6.4 The Legislation applicable for Persons who ceased working
6.4.1 The Case Law under Regulation 1408/71
6.4.2 Regulation 883/2004 and Post-active Persons
6.5 The applicable Rules for Unemployed Persons
6.6 The applicable Rules for Non-active Persons6.6
6.7 Persons working simultaneously in Two or More Member States
6.7.1 Working as an Employee in Two or More member States
6.7.2 Working as a Self-employed Person in Two or More Member States
6.7.3 Working in one State as Employed Person and in the Other State as Self-employed
6.8 The Legislation applicable to Civil Servants
6.9 The Rules applicable to special Non-Contributory Benefits
6.10 The Co-ordination System for Compulsory and Voluntary Insurance
6.11 Persons Working Outside the Territory of the EU
6.12 Transitional Rules
7 Posting
7.1 Posting of Employees
7.1.1 Conditions for Posting
7.1.2 Posting by an Agency for Temporary Work
7.1.3 Posting and Social Dumping
7.2. Posting of Self-Employed Persons
7.3 The Relevance of a Posting Certificate
7.4 The Small Border Line between Posting and Working Simultaneously in Two Countries
7.5 Agreements on the Basis of Article 16
8 The Non-discrimination and Assimilation Provisions of Regulation 883/2004
8.1 Introduction
8.2 Article 4 of Regulation 883/2004
8.3 Assimilation of Receipt of Benefit, Events and Facts (Article 5)
8.4 Waiving of Residence Conditions (Article 7)
8.5 Aggregation of Periods (Article 6)
8.6 The General Rules against Overlapping
9 The Non-discrimination Provision of Regulation 1612/68
9.1 Introduction
9.2 The Personal Scope
9.2.1 Workers
9.2.2 Members of the Family
9.3 The Material Scope
9.4 The Non-Discrimination Provision
9.5 The Relationship between Regulation 1408/71 and Regulation 1612/68
10. Non-Discrimination and Free Movement Provisions of the Treaty
10.1 General
10.2 Article 45 TFEU: Prohibiting Discrimination on the Ground of Nationality
10.3 Article 45 TFEU: Obstacles to Free Movement are not allowed
10.4 Article 49 TFEU and Equal Treatment of the Self-employed
10.5 Article 21: European Citizenship
10.6 Overview of the Relation between Regulation 883/2004, Regulation 1612/68 and Article 18 TFEU
11. Sickness Benefits
11.1. The Meaning of the Term Sickness Benefit
11.2. The Distinction between Benefits in Cash and Benefits in Kind
11.3 benefits in Cash
11.3.1 Aggregation Rules
11.3.2 Benefits in cash are exportable
11.3.3 Claiming and Supervision Procedures
11.4. Benefits in Kind for Persons not residing in the Competent State
11.4.1 Persons not residing in the competent State
11.4.2. Members of the Family of Frontier Workers
11.4.3 Retired Frontier Workers
11.4.4 The Relation between Independent and Derivative Rights
11.4.5 Pensioners and Members of the Family
11.4.6. Levying Contributions on Pensioners
11.4.7 Coordination of Care Insurance Benefits in case of Overlapping of Benefits in Kind and Benefits in Cash
11.5 Stay outside the Competent State: Benefits which become necessary
11.6 Planned Care
11.6.1 Planned Care and Authorisation
11.6.2 Obtaining Planned Care without Authorisation on the Basis of the Treaty
11.6.3 The Draft Directive on Patients’ Rights in Cross-border Healthcare
11.7 Reimbursement Rules
12. Old-Age and Survivors' Pensions
12.1. Introduction
12.2. Aggregation of Periods
12.3 Calculation of the Amount of Benefits
12.3.1 Calculation of the Independent Benefit
12.3.2. The Pro-rata Benefit
12.3.3. Comparison of Independent and pro-rata Benefits
12.4 The History of the Community Rules to Prevent Overlapping: the Petroni case law
12.5. The Present Rules to Prevent Overlapping:
12.5.1 Introduction
12.5.2 General Principles
12.5.3 Overlapping of Benefits of the Same Kind
12.5.4 Overlapping of Benefits of a Different Kind
12.6 . Recalculation of Benefits
12.7 Removing Effects of Differing National Schemes
12.8 Periods Completed before the Coming into Force of the Regulation
12.9. The Relationship between International Conventions
and the Regula¬tion
12.10 The Co-ordination of Supplementary Pensions
12.10.1 General
12.10.2 Directive 98/49 on Safeguarding the Supplementary Pension Rights of Employed and Self-employed Persons moving within the Community
12.10.3 Proposal for a directive on improving the portability of supplementary pension rights
12.10.4 Conclusion
13. Invalidity Pensions
13.1. Introduction
13.2. Aggregation Rules
13.3 A Person has been exclusively subject to Type A Schemes
13.4. A Person has been Subject to at least one Type B Scheme
13.4.1 Determining the Incapacity for Work
13.4.2. Fiction of Insurance
13.4.3 The Calculation of the Amount
13.5 Recalculation of Benefits
13.6 Transition of Invalidity Benefits to Old-age Benefits
13.7 The Problem of Differences in Waiting Periods
13.8 Benefits for Accidents at Work and Occupational Diseases
13.9 Special Non-contributory Benefits for Invalidity
14. Family Benefits
14.1 Introduction
14.2 Which Benefit Level: that of the State of Employment
or Residence?
14.3 Competent State and Overruling of Residence Requirements
14.4 Priority rules
14.4.1 Introduction
14.4.2 Differential supplements
15. Unemployment Benefits
15.1. The Term Unemployment Benefits
15.2. Overview of the System of Coordination of Unemployment Benefits
15.3. The Unemployed Person resides in the Competent State
15.4. Frontier workers
15.4.1 Introduction
15.4.2 The definition of Frontier Workers
15.4.3. The Wholly Unemployed Frontier Workers
15.4.4 Partially Unemployed Frontier Workers
15.4.5 The Frontier Worker Moves to the State of last Employment
15.5 Persons Other than Frontier Workers who do not Reside in the Competent State
15.5.1 The Criteria for Qualification as Non-frontier Worker
15.5.2 The Applicable Unemployment Benefits Scheme for Non-frontier workers
15.6 Atypical Frontier Workers
15.6.1 The Miethe Judgment
15.6.2 Is the Miethe judgment still relevant under Regulation 883/2004?
15.6.3 The Proposal for Modernisation
15.7 Reimbursement rules
15.8 The Calculation of Unemployment Benefit
15.9. Export of Unemployment Benefits
15.9.1 The Conditions for Export
15.9.2 The Powers to Extend the Export Period
15.9.3 The Loss of Remaining Benefit Rights in case of a Late Return
15.9.4 The Present Rules
15.9.5 Frontier Workers and Export of Benefit
16. The Relation between Regulation 883/2004 and Bilateral Treaties
16.1. Introduction
16.2. Infringement on Social Security Advantages Acquired
on the Basis of International Treaties
17. EU Agreements with Third Countries containing Coordination Provisions
17.1 The Euro-Mediterranean Association Agreements
17.2. Decision 3/80 of the Association Council EC-Turkey
18. Some Conclusions on the Development of Co-ordina¬tion
Law
18.1 The Impact of the Coordination Regulation
18.2. Simplification and Modernisation
18.3 Conclusions
19. A Brief Overview of Non-EU Co-ordination Instruments
19.1 Conventions of the International Labour Organisation
19.2 Conventions of the Council of Europe
PART II SOCIAL POLICY
20. Social Policy Instruments of the European Union
20.1 General: the Power of the EU to take Social Policy Initiatives
20.2 The Subsidiarity Principle
20.3 The Instruments of Title XI to take on Social Policy Measures
20.4 The Open Method of Coordination
21 Equal Pay for Men and Women: Article 157 TFEU
21.1. Introduction
21.2. Article 157 and Occupational Pensions
21.3. Limitation of the Temporal Effect of the Barber Judgment
21.4. Limitation in Time in the Case of Widowers’ Pensions
and Age Discrimination
21.5. Retroactive Effect in Other Cases of Unequal Treatment
21.6. The Meaning of the Term ‘Pay’
22. Equal Treatment of Men and Women in Statutory Social Security: Directive 79/7
22.1. Introduction
22.2. The Personal Scope of Directive 79/7
22.3. The Material Scope of Directive 79/7
22.4. The Relationship of Directive 79/7 to Article 157 TFEU
22.5. The Equal Treatment Rule of Directive 79/7
22.5.1. Introduction
22.5.2 The Direct Effect of Directive 79/7
22.5.3. Prohibition of the Effects of a Former Discriminatory Rule
22.5.4. Procedural Limitations for Realising Equal Treatment
22.5.5. Indirect Discrimination
22.5.6. The Article 7 Exception
22.6. Conclusion
23. Equal Treatment of Men and Women: The
Other Directives
23.1. Directive 86/378
23.1.1. Introduction
23.1.2. The Personal Scope of Directive 86/378
23.1.3. The Material Scope of Directive 86/378
23.1.4. The Principle of Equal Treatment in Directive 86/378
23.1.5. The Exceptions to the Principle of Equal Treatment
23.2. Directive 86/613: Equal Treatment of the Self-employed
23.2.1. Introduction
23.2.2. The Personal Scope of Directive 86/613
23.2.3. The Material Scope of Directive 86/613
23.2.4. The Principle of Equal Treatment
23.3. Proposal for a Directive Completing
the Principle of Equal Treat¬ment
23.3.1. Introduction
23.3.2. The Personal Scope of the Draft Directive
23.3.3. The Material Scope of the Draft Directive
23.3.4. The Principle of Equal Treatment
24. Towards a Social Europe?
Bibliography
Table of cases
Index on cases
Subject index
Edition Notes
Classifications
The Physical Object
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History
- Created March 30, 2011
- 6 revisions
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| January 2, 2023 | Edited by MARC Bot | import existing book |
| September 25, 2020 | Edited by MARC Bot | import existing book |
| September 14, 2012 | Edited by VacuumBot | Updated format 'hardcover' to 'Hardcover' |
| March 30, 2011 | Edited by 81.230.164.92 | Added new cover |
| March 30, 2011 | Created by 81.230.164.92 | Added new book. |