European Journal of Social Security

Sage Publications, Inc.
Publication date:

Latest documents

  • Legitimate Expectation and Social Security Law Under the European Convention of Human Rights

    The concept of ‘legitimate expectation’ is one which has developed to different degrees in the domestic laws of contracting states of the Council of Europe. The European Court of Human Rights tends to use the term is two related contexts. First, the Court refers to legitimate expectation as a way of expanding the scope of ‘possessions’ within the meaning of Article 1 of Protocol 1 (P1-1) of the European Convention of Human Rights in order to bring an issue within the purview of the Court. Second, the Court uses the term to refer to a person’s expectations as to the future peaceful enjoyment of their possessions. The failure by the Court to define clearly what it means by the term ‘legitimate expectation’ and its use in two different (if related) ways has led to significant confusion in the Court’s jurisprudence as it concerns social security.

  • Overview of recent cases before the Court of Justice of the European Union (September 2020-December 2020)

    The reporting period (September 2020-December 2020) was a particularly intense time in terms of important judgments on social security with no fewer than four judgments from the Grand Chamber of the Court. This overview reports five cases in total. First, there are three cases on the Posted Workers Directive. The first two are on the dismissal of the annulment procedures regarding the adoption of the new Posted Workers Directive (Directive 2018/957) started by Hungary (C-620/18) and Poland (C-626/18). Then, the FNV case (C-815/18), which is on the application of the Posted Workers Directive (Directive 96/71) to the transnational provision of services in the road transport sector, is discussed. The overview continues onto other subjects, with a follow-up of the Dano and Alimanovic saga in the Job Center Krefeld case (C-181/19), which relates to the access to social assistance for a job-seeker who is the primary carer of a child receiving education in the host Member State. From there, commentary is given on the A v. Veselï bas ministrija case, which deals with the difficult balance between the freedom of religion and the system of prior authorization for planned healthcare. Finally, the Syndicat CFTC case (C-463/19) is reviewed, and it concerns the conditions under which an additional maternity leave can be reserved to female workers without being considered as discriminatory.

  • Book review: The Human Right to a Dignified Existence in an International Context – Legal and Philosophical Perspectives
  • Book review: Devolution and Decentralisation in Social security. A European Comparative Perspective
  • Recent cases and the future of Directive 79/7 on equal treatment for men and women in social security: How to realise its full potential

    Directive 79/7 on equal treatment for men and women in statutory social security has proven to be more relevant than ever, forty years after its adoption. Two new landmark judgments were handed down in 2019. The first (Villar Láiz) concerned the calculation of the retirement pensions of part-time workers and the ruling marks an important milestone in the long road towards delivering better social protection for these workers, the majority of whom are women. The second (WA) dealt with a pension supplement granted to female pensioners with two or more children (to the exclusion of men) and analysed, for the first time, whether affirmative action is permitted in the field of statutory social security. This article describes and makes some comments on the 2019 judgments. It also reflects, on the occasion of the 40th anniversary of Directive 79/7, on how its full potential can be realised. In particular, it proposes the generalisation of the pro rata temporis principle by removing affiliation thresholds for part-time workers, extending the scope of the Directive to all carers and carers’ allowances following the ruling in Drake, invalidating temporary derogations of the Directive in line with Test-Achats, and using Article 157(3) TFEU as a legal basis so that the Directive can be amended by qualified majority.

  • Book review: Welfare to Work in European Welfare States: Legal, Sociological and Philosophical Perspectives on Justice and Domination
  • From Eastern enlargement to Brexit – And beyond
  • Book review: Discretion and the Quest for Controlled Freedom
  • From Substitutive to Supplementary: Institutional Interplay between Public and Occupational Sickness Benefits in Finland, 1947-2016

    In the context of the Finnish welfare state, this article examines the role of occupational welfare in the interplay between public and occupational sickness benefits from 1947 to 2016, to analyse how the two sickness benefits have interacted over time and the role occupational welfare has played in sickness provision. Previous research has noted that occupational benefits may support or compensate for the much-debated declining welfare state. Hence, it is important to acquire greater knowledge about the public-occupational interplay. The study uses in-depth individual-level analysis from a retrospective point of view, which has been rare in previous research, and examines the public-occupational interplay in the Finnish sickness benefit system from the first national collective agreements to 2016. Based on the reforms made to the public system, the article identifies and utilises six different phases of the Finnish sickness allowance system in the main analysis. The institutional development of sickness provision is investigated by analysing the compensation rate and benefit period, using metalworkers as a representative example of blue-collar workers. The results indicate that occupational benefits are strongly institutionalised in the Finnish sickness benefit system. The interplay between statutory and occupational sickness benefits has taken different forms over time, and occupational benefits have been re-negotiated as the statutory system has been reformed. The article provides valuable information on the historical development and relevance of occupational welfare, in terms of not only understanding its significance for individuals but also comprehending the logic of the interplay in the public-private mix of welfare provision.

  • Book review: The Challenges of Self-Employment in Europe. Status, Social Protection and Collective Representation

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