The role and limits of European social security coordination in guaranteeing migrants social benefits

2020 ◽  
Vol 22 (4) ◽  
pp. 390-402
Author(s):  
Herwig Verschueren
Keyword(s):  
Social Security ◽  
Social Protection ◽  
Equal Treatment ◽  
Social Benefits ◽  
Policy Objective ◽  
The Social ◽  
Coordination System ◽  
The Right ◽  
Waiting Periods ◽  
The Eu

This article examines whether the EU social security coordination Regulations 883/2004 and 987/2009 contribute or fail to contribute to the EU policy objective of guaranteeing adequate social protection and fighting against poverty as set by Article 9 TFEU. Even if this coordination system does not directly interfere with the social protection systems of the Member States, it plays an important role in preventing persons who use the right to free movement within the EU from ending up in a situation in which they would lose entitlement to social benefits because of their migration. In analysing this issue I will concentrate on the role of the underlying general principles of this coordination, more specifically, on the rules for the determination of the applicable legislation, the principle of equal treatment, the export of benefits and the aggregation of periods. I will also elaborate on a number of examples where this coordination system fails to prevent the loss of entitlement to social benefits, such as the position of workers in non-standard forms of work, the limited rights of economically inactive migrants, the recent introduction of waiting periods for newcomers, and situations in which the migrants risk falling between two stools. I will conclude with the notion of fairness.

scholarly journals Migrants’ Access to Social Protection in Estonia

2020 ◽  
pp. 137-148
Author(s):  
Mare Ainsaar ◽  
Ave Roots
Keyword(s):  
Social Security ◽  
Legal System ◽  
Social Protection ◽  
Protection System ◽  
Social Benefits ◽  
Eu Countries ◽  
The Social ◽  
Immigration And Emigration ◽  
Waiting Periods

Abstract This chapter analyses the social protection system in Estonia mainly from the immigration viewpoint. Perhaps because of low immigration rates in recent decades, immigration and emigration issues are seldom explicitly regulated in the Estonian legal system. Our findings indicate that social security rights are based mostly on legal resident status in Estonia, although EU foreign residents sometimes benefit from some better conditions, mainly in terms of taking into account employment records in other EU countries. Missing waiting periods for entitlement to social benefits guarantee that newly arrived immigrants have similar rights with long-term residents.

scholarly journals The Right of Free Movement and the Access To Social Protection in the EU: The Economical Dimension. Notes on the Case Elisabeta Dano v Jobcenter Leipzig, C-333/13

2015 ◽  
Vol 1 ◽  
pp. 110-120
Author(s):  
Daniela Guimarães
Keyword(s):  
Social Protection ◽  
Free Movement ◽  
Equal Treatment ◽  
Social Benefits ◽  
Member States ◽  
Court Of Justice ◽  
Assistance Systems ◽  
The Right ◽  
The Impact ◽  
The Eu

This article seeks to analyse the impact of the Court of Justice of the European Union’s (CJEU) decision in the Dano judgement concerning the free movement of EU citizens and their cross-border access to social benefits. The debate about social tourism or welfare migration has been acrimonious in the last years. The Member States face new challenges concerning the possibility of excluding economically inactive European Union (EU) citizens from other Member States from special non-contributory social benefits. However, if on one hand we have the need to protect the financial sustainability of the Member States, as non-active EU citizens from other Member States can represent a burden on their social assistance systems, on the other hand, we also need to respect one of the EU’s most basilar principles: the prohibition of discrimination on grounds of nationality. The CJEU has decided that the economically nonactive citizens of other Member States can only claim equal treatment in regard to access to social benefits, when they have a right of residence under Directive 2004/38 in the host Member State.

scholarly journals Fundamentos constitucionais da proteção social: continuidades e ruturas

2016 ◽  
Author(s):  
Ana Rita Ferreira ◽  
Daniel Carolo ◽  
Mariana Trigo Pereira ◽  
Pedro Adão e Silva
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Social Protection ◽  
Political Action ◽  
The Political ◽  
Constitutional Court ◽  
Universal Principles ◽  
The Social ◽  
Political Choices ◽  
The Right

This article discusses the ways in which the Constitution of the Portuguese Republic has embodied to the political choices made during the process of creating and defining a democratic welfare state and how the various constitutional principles are reflected in the architecture of the system and have gradually changed over the years. The authors argue that when Portugal transitioned to democracy, unlike other areas of the country’s social policies the social security system retained some of its earlier organising principles. Having said this, this resilience on the part of the Portuguese system’s Bismarckian template has not prevented social protection from expanding here in accordance with universal principles, and has given successive governments manoeuvring room in which to define programmatically distinct policies and implement differentiated reformist strategies. The paper concludes by arguing that while the Constitution has not placed an insurmountable limit on governments’ political action, it has served as a point of veto, namely by means of the way in which the Constitutional Court has defended the right to social protection, be it in the form of social insurance, be it in the imposition of certain social minima.

scholarly journals Access to Social Protection by Immigrants, Emigrants and Resident Nationals in the Russian Federation

2020 ◽  
pp. 247-261
Author(s):  
Daria Popova
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Social Protection ◽  
Social Assistance ◽  
Legal Framework ◽  
Social Benefits ◽  
The Social ◽  
Care Family ◽  
Family Benefits ◽  
Social Security Benefits

AbstractThis chapter discusses the general legal framework regulating Russia’s welfare system and access for national citizens, foreigners residing in the country, and national citizens residing abroad to social benefits in five policy areas: unemployment, health care, family benefits, pensions, and guaranteed minimum resources. Our analysis shows that the eligibility of Russian nationals for social benefits depends either on their employment status and contribution record (for pensions and other social insurance benefits), or their residence status (for social assistance and healthcare). The overall level of social protection of citizens residing in different parts of the country may differ substantially due to the decentralized structure of the social protection system in Russia. The rights of foreign residents to social security benefits are essentially the same as those of the nationals, as long as they are legally employed and make social security contributions. However, there are two major exceptions: pensions and unemployment benefits. Social assistance benefits provided at the regional level are typically available to all legal residents, foreigners included, with few exceptions. When deciding to permanently move abroad, Russian citizens lose their entitlement to claim social benefits from Russia, apart from acquired contributory public pensions.

scholarly journals The Labyrinth of Employment and Social Rights in the EU Intra-Corporate Transfer Directive

2020 ◽  
pp. 203195252096736
Author(s):  
Herwig Verschueren
Keyword(s):  
Social Security ◽  
Migrant Worker ◽  
Migration Policy ◽  
Equal Treatment ◽  
Temporary Workers ◽  
Member States ◽  
The Status ◽  
The Right ◽  
Rome I ◽  
The Eu

Directive 2014/66/EU on Intra-Corporate Transfer regulates the temporary secondment of key personnel and trainees from third countries to the Member States of the EU. It is part of the EU external labour migration policy and aims at facilitating this policy by setting up harmonised conditions for admission, residence and work of these migrants, including the right to move and work in another Member State. This article analyses the role and meaning of the provisions in this Directive relating to the employment and social security rights of intra-corporate transferees. They are the result of cumbersome negotiations and the compromises that were reached are ambiguously and inconsistently formulated. First, this article will highlight the relevance of the worker’s employment position for determining the scope of this Directive. Next, it will analyse the role of employment and social security rights in the implementation of the Directive by the Member States. These rights are relevant as criteria for admission, as grounds for rejection of an application, as grounds for withdrawal or non-renewal of an ICT permit and as conditions for short-term and long-term mobility within the EU. Subsequently, this article will scrutinise, in detail, the provisions of Article 18 of the Directive which guarantee equal treatment with the nationals of the host State in respect of employment and social security rights. Special attention will be paid to the interrelationship of this Directive with other EU legal instruments such as the Posting of Workers Directive, the Rome I Regulation and social security Regulation 883/2004. It concludes that the complicated and contradictorily worded provisions on employment and social security rights in this Directive reflect the ambiguity in the perception of the status of this type of migrant worker coming from a third country: are they to be considered as temporary workers or do they really participate in the labour market of the host Member States?

scholarly journals Access to Social Protection by Immigrants, Emigrants and Resident Nationals in Ecuador

2020 ◽  
pp. 109-125
Author(s):  
Analía Minteguiaga ◽  
Valerie Carmel
Keyword(s):  
Social Security ◽  
Social Protection ◽  
Extended Family ◽  
Social Security System ◽  
Security System ◽  
Social Benefits ◽  
Eligibility Criteria ◽  
Highly Educated ◽  
The Social ◽  
Informal Labour

AbstractFormal labour and affiliation to Ecuador’s social security system is the main gateway for access to social protection benefits, especially in the case of migrants. However, a large informal labour market and low levels on inclusion in the social security system forces large sectors of society to rely on family and community arrangements for the management of risk and economic uncertainty. The state provides some non-contributory benefits through cash transfer programs but, with the exception of health care, these only cover people living in conditions of extreme poverty. Universal, non-means tested programs are limited to the public health and education systems. Overall, migrants face several obstacles to access social protection benefits. Gaining the right to work legally is mostly reserved for white-collar and highly educated immigrants, excluding impoverished immigrants. Paired to the inability to access labour-related benefits and government programs for the so-called poor, immigrants lack the safety nets provided by extended family and a community setting. Nationals residing abroad have restricted access to social benefits, having access only to the contributory pension system on a voluntary basis. This chapter discusses the social protection system in Ecuador and focuses on eligibility criteria to show the extent of migrants’ access to the social benefits.

Is There a Way Where There’s a Will? The Tensions between the Court’s Case Law and the Pillar in Delimiting Transnational Solidarity

2019 ◽  
Vol 21 (4) ◽  
pp. 509-539
Author(s):  
Ane Aranguiz ◽  
Miriam Quené
Keyword(s):  
Economic Status ◽  
Case Law ◽  
Equal Treatment ◽  
Social Benefits ◽  
Social Rights ◽  
Minimum Income ◽  
European Citizenship ◽  
The Right ◽  
Transnational Solidarity ◽  
The Eu

Abstract European citizenship has often served as a proxy for political visions of far-reaching social integration within the EU. Over the last years, this has been challenged by a number of judgments of the CJEU, which appear to increasingly restrict the access of economically inactive mobile EU citizens to social benefits under the Citizens Directive. By contrast, the more recent European Pillar of Social Rights enshrines the right to a minimum income for all citizens of the Union, regardless of their economic status or the legality of their residence. This article aims to address the resulting asymmetry between the Pillar and the CJEU’s current interpretation of the Citizens Directive, examining whether and to what extent the former could influence the latter. In doing so, it will discuss the background, objectives and interpretation of the Citizens Directive’s right to equal treatment, examine the scope of the minimum income principle contained in the Pillar, and highlight the key differences between the two.

scholarly journals Migrants’ Access to Social Protection in Greece

2020 ◽  
pp. 195-209
Author(s):  
Fotini Marini
Keyword(s):  
Social Security ◽  
Social Protection ◽  
Safety Net ◽  
Equal Treatment ◽  
Fiscal Constraints ◽  
Security Regime ◽  
The Social ◽  
Potential Risks ◽  
The 2008 Financial Crisis ◽  
Social Security Benefits

Abstract The 2008 financial crisis has brought Greece in a constrictive situation, given that the country lacked a comprehensive social safety net, the national social protection model was strongly fragmented and public spending focused on civil servants salaries and state pensions. Almost a decade afterwards, the reform of the social security system continues with suffocating fiscal constraints exercising a decisive influence on policy options. In this challenging context, Greece constitutes a unique case for discussing the complexities of the link between migration and social protection during austerity times. The debate on the access of migrants to social security benefits is both interesting and sensitive, in view of the fact that the equal treatment of European Union (EU) and non-EU migrants is subject to controversial discussions about benefit tourism and its potential risks for the sustainability of an already fragile social security regime.

scholarly journals ANALYSIS OF FINANCING OF EXPENDITURES ON SOCIAL SECURITY AND SOCIAL PROTECTION OF CITIZENS OF THE REPUBLIC OF KAZAKHSTAN

REPORTS ◽  
2020 ◽  
Vol 2 (330) ◽  
pp. 145-149
Author(s):  
A.S. Toxeitova ◽  
G.Zh. Yessenova
Keyword(s):  
Social Security ◽  
Social Protection ◽  
Social Care ◽  
State Regulation ◽  
The State ◽  
Social Sphere ◽  
The Social ◽  
The Republic ◽  
Specific Concept ◽  
The Right

The actualization of social protection of the population consists in the fact that the concept of “social protection” is associated with the concept of “social care” of the state, when individual assistance to a person, groups of people organized by professionally trained people and expressed by the concept of “social work” will have the support of confidence as its ultimate goal man in his strength, his capabilities. That is why in recent years, most specialists of social protection of the population refuse from such a broad, but non-specific concept as "state regulation of the social sphere", and use the term "social support of the population by the state" more and more. The social policy of any state is the most important part of its domestic policy. In the context of Kazakhstan's transition to sustainable development, the problem of improving the social security system of the population becomes especially acute and relevant. The right to social security of citizens is exercised in practice using a specific organized financial mechanism, which includes a set of interrelated organizational, economic, legislative and other measures.

scholarly journals The Albanian Social Security System and the Institutions of Social Protection in Albania

2015 ◽  
Vol 3 (2) ◽  
pp. 18
Author(s):  
Laureta Mano ◽  
Mirela Selita
Keyword(s):  
Health Care ◽  
Health Services ◽  
Social Security ◽  
Social Services ◽  
Social Insurance ◽  
Social Protection ◽  
Disabled Persons ◽  
Health Care Insurance ◽  
The Social ◽  
The Right

The social security system in Albania consists of social assistance and social services, health services and health care insurance and social insurance schemes. In the social objectives of the constitution are declared that the State within the constitutional competencies and the probable means as well as in the fulfillment of private initiatives and responsibilities, aims to higher possible standards of health, physical and mental; social care and services of elderly, orphan and invalids; medical rehabilitation, special education and integration in the community, of disabled persons. The Constitution foreseen that everyone has the right of social insurance when retired or in case of incapacity of work under a certain system established by a law. Everyone, when is unemployed for any reasons independent on individual will and when there is no living means, has the right of need under the conditions foreseen by law. Social insurance is a scheme protecting by benefits persons in respect of temporary incapacity due to sickness, maternity, old-age, disability and loss of breadwinner, employment accidents/occupational diseases, unemployment. Social Services are benefits in kind for disabled persons or vulnerable persons. Social Assistances are cash benefits given to families in need, that means families with lower incomes comparable with minimum standard of living or families without incomes. Health services consist of public health, primary health care, hospitalization services nurse's service, dental and pharmaceutical net. The Institutions of Social Protection in Albania are Social Insurance Institute, National Social Services and Health Care Insurance Fund.

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