European Social Security Research Articles

Introduction to the special issue: Tackling inequality and providing sustainable welfare through eco-social policies

We are increasingly witnessing the social and ecological crises of our time becoming entangled and amplifying each other. The current policy responses from national states and international governance bodies remain within the dominant framework of economic growth-centred strategies. In this editorial, we argue that a new paradigm of sustainable welfare is needed, which includes eco-social policies addressing social and ecological sustainability concerns in integrated ways. We first demonstrate how social and ecological problems are interconnected and why green growth approaches fail to tackle them. As an alternative, and as a pointer to a social security system that can help people navigate the dire straits of increasing eco-social risks, we present the foundations and principles of sustainable welfare, and discuss how this, according to Kuhn, can be understood as a new social policy paradigm. In the second part of this editorial, we introduce the papers brought together in this special issue. The cutting-edge research of the contributing authors includes theoretical and conceptual advances, empirical case studies from different European countries, and transnational studies. Each paper discusses the implications of its findings for European social security systems.

Basic Principles of European Social Security Coordination based on Regulation (EC) 883/2004

This article discusses the importance of free movement and the coordinating social law of the European Union (EU) inensuring that people who move between EU Member States are not left without social security coverage. The articleexplains that the EU does not have a uniform or common social law and that the responsibility for social policy primar-ily lies with the Member States. The coordinating social law of the EU is limited to the coordination of the various socialsecurity systems of the Member States. The article further explains that the coordination of social security systems isessential for the success of European integration and emphasises that the EU Member States are bound by both thebasic Regulation (EC) No 883/2004 and the implementing Regulation (EC) No 987/2009. After a primary law derivationof the social law coordination, the article explains the scope of application and the key principles of Regulation (EC)883/2004. This is followed by a discussion of the Regulation’s conflict-of-law rules, which take precedence over nationalprovisions.

NORMATIVE AND LEGAL REGULATION OF SOCIAL POLICY IN MODERN UKRAINE

The article is devoted to the topical issue of normative field formation of social policy in modern Ukraine. The purpose of the article is to define the concept and peculiarities of formation and implementation of social policy in modern Ukraine in the legal field. Methods of research applied: the specific search method (theoretical analysis, synthesis, systematization of existing legal documents) and the method of theoretical and structural clarification of the conceptual apparatus. It is established that «social policy» is a multifaceted concept: it is considered by scholars from different perspectives ‒ legal, economic, sociological, and pedagogical. Thus, each of the definitions presents a certain aspect of social policy in two ways: 1) as a set of measures of society and the State aimed at achieving social goals; 2) as the State policy whose main task is to ensure the State-building capabilities of society members. The authors substantiate the legal basis for the formation of social policy in Ukraine, based on the norms of international legal acts ratified by Ukraine (acts of the UN, ILO, Council of Europe, etc.) aimed at creating and ensuring the implementation of universally recognized humanistic and democratic world standards for solving social problems (the Universal Declaration of Human Rights, the European Social Charter, the European Social Security Code, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, etc.). The analysis of the legal framework for social policy in Ukraine demonstrates the need for a thorough analysis and examination of social legislation with a view to determining its compliance with international standards; development of a model of the social state based on the rule of law, taking into account the objective conditions of society's life; formation of a new concept of interaction between the State and a person, etc.

Free movement and access to social security in the EU: The challenge of exporting unemployment benefits

The freedom of movement of EU workers and access to national welfare state systems has become a controversial topic among policymakers in recent years. To understand this, the article analyses the positions of Western European states towards the proposal of the European Commission to reform the European social security coordination. The structural problems of this reform and the current Regulation (EC) 883/2004 can be seen in the discussion on the export of unemployment benefits. Although Western European states have similar insurance-based and comprehensive unemployment systems, they have conflicting views on this issue. The article presents a comparative case study of Denmark, the Netherlands and Germany. Data was generated via expert interviews and policy documents and analysed through institutionalist approaches. By tracing the debates on the export of unemployment benefits, the article makes a more general argument about the debate on the free movement of workers and social security in the EU. It explains that policymakers’ main concern is not only the financial burden on their welfare systems, but also that the current Regulation (EC) 883/2004 and the reform proposal are incompatible with national monitoring and enforcement systems, which are designed to work best when the worker is in the Member State of last employment. This incompatibility of the coordination rules with national rules creates opposition among policymakers to the access of EU workers to national welfare systems.

Non-discrimination in European Social Security Law: Exploring Safeguards Against Gender and Racial Discrimination

Non-discrimination in European Social Security Law: Exploring Safeguards Against Gender and Racial Discrimination

EU Citizenship: A Double-Edged Sword for European Social Security

EU Citizenship: A Double-Edged Sword for European Social Security

The Application of the Conflict Rules of the European Social Security Coordination to Telework During and After the COVID-19 Pandemic.

During the COVID-19 pandemic, the normal use of European conflict rules determining the applicable social security legislation was temporarily suspended to avoid changes in the applicable legislation as a result of telework, which was being obliged or recommended. The purpose was to avoid the consequences of such a change. However, these forms of remote work are expected to remain in existence after the pandemic, even when the suspension of the conflict rules is no longer in place. So, the question arises whether the suspension of the strict application of the conflict rules should be prolonged after the pandemic, or whether these conflict rules should be applied differently or even amended. First, this article discusses the measures that were taken during the pandemic. Next, it will highlight the consequences if the temporary measures are not prolonged after the pandemic for the determination of the applicable social security legislation. It will explore the possible re-interpretation of or even amendments to these rules in order to adapt them to the continuation of telework.

НОРМАТИВНО-ПРАВОВЕ ЗАБЕЗПЕЧЕННЯ СОЦІАЛЬНОЇ БЕЗПЕКИ В УКРАЇНІ ТА СВІТІ

The article is devoted to define the peculiarities of the regulatory and legal support of social security, as well as directions for its improvement, taking into account foreign experience and national realities. The assessment of the state of Ukrainian legislation in the context of the normative-legal consolidation of social security was carried out, in particular, the main normative-legal acts regulating the issue of social security in Ukraine were determined, the key provisions of the European Social Security Code and the European Social Charter were analyzed as leading regulatory documents that establish the foundations of security social interests of the population. The priority directions for improving the regulatory and legal provision of social security in Ukraine are proposed, including the legislative consolidation of social security and specification of measures to ensure it; the introduction of social standards of developed European countries into domestic practice, in particular through the improvement of the legal basis of the functioning of the system of social protection of the population; the bringing the regulatory and legal provision of social security of the population into compliance with international requirements, taking into account domestic realities; the improvement of functional aspects of institutional provision of social security by redistribution of powers and functions of state bodies in conditions of decentralization, as well as taking into account the need to introduce innovations into the process of activity of relevant institutions. It was determined that the need to improve the mechanisms of regulatory and legal support based on the leading experience of socially oriented European countries with mandatory consideration of the current state of socio-economic relations in Ukraine is an important condition for the formation of a state of protection of the social interests of the population. As prospects for further research, the necessity of studying the directions of practical implementation of state policy aimed at improving the welfare of the population and ensuring social security, taking into account the importance of the social sphere at the stage of Ukraine's recovery after the end of the war, is determined.

Intervención del Tribunal de Justicia de la Unión Europea en el ámbito de coordinación de los sistemas de Seguridad Social europeos

Partiendo de una sucinta exposición de los antecedentes, integración y atribuciones del Tribunal de Justicia de la Unión Europea, con base en el método analítico y la consulta de los principales fallos pronunciados por este órgano jurisdiccional, en este trabajo son expuestas las principales temáticas de la jurisprudencia del Tribunal de Luxemburgo en el ámbito de la coordinación de los sistemas de Seguridad Social europeos.
 Recibido: 30.06.2020Aceptado: 21.12.2020

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

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.

ПРАВО НА ГІДНИЙ ЖИТТЄВИЙ РІВЕНЬ: ОСОБЛИВОСТІ ВИЗНАЧЕННЯ У ДЕРЖАВАХ ЄВРОПЕЙСЬКОГО СОЮЗУ

В даній науковій статті автором розкрито особливості закріплення на міжнародному, регіональному та національному рівнях права на гідний життєвий рівень у державах-членах Європейського Союзу. При цьому, проаналізовано Конвенцію Міжнародної організації праці № 102 про мінімальні норми соціального забезпечення, Європейську соціальну хартію, Європейський кодекс соціального забезпечення, правові акти Європейського Союзу та конституції держав-членів Європейського Союзу. На підставі проведеного аналізу, автор робить висновок про те, що право на гідний рівень життя визначене кількома документами Ради Європи (Європейська соціальна хартія, Європейський кодекс соціального забезпечення) та Європейського Союзу (Хартія про основні права, Хартія про соціальні права працівників), а також багатьма конституціями країн-членів ЄС. Зокрема, на рівні конституцій Бельгії, Італії, Португалії, Швейцарії це право визначене явно, на рівні конституцій Іспанії, Нідерландів, Швеції – визначене як обов’язок держави забезпечити гідний рівень життя для населення, на рівні конституцій Румунії, Словаччини, Словенії, Фінляндії та Хорватії – через право працюючих отримати винагороду за працю, яка дає можливість забезпечити йому та його сім'ї вільне та гідне життя. Конституції інших країн Європейського Союзу, в тому числі: Австрійської республіки, республіки Болгарія, Грецької республіки, королівства Данія, Ірландської республіки, великого герцогства Люксембург, Кіпру, республіки Мальта, Угорщини, Чеської республіки та країн Балтії не визначають прямо право на гідний рівень життя, хоча і говорять про справедливі умови оплати праці і право на соціальний захист у випадку неможливості себе забезпечувати за певних обставин.

Reddito di cittadinanza e laboriosità

The essay analyzes the Citizenship income (RdC), a structural and inclusive guaranteed mini-mum income introduced by the Italian decree law no. 4/2019, converted in the Italian law no. 26/2019. The recognition of the essential features of the new measure brings the Author to underline the multi-functional structure of the RdC, given its strongly pro-active nature, as it is clearly focused on the social and labour integration of its beneficiary. In its basic approach the RdC presents, in fact, a dichotomous structure of an instrument of social policy to combat poverty and inclusion and, at the same time, of active policy intervention for labour. Hence the possibility to collocate the new measure as the mainstay of a social model founded on active social inclusion, in accordance with the principles that inspire both European and national so-cial security systems.

Transfer of tasks in work disability assessments in European social security

European social security organisations experience shortages of insurance physicians and they attempt to streamline procedures in the disability assessment services in order to save costs, while safeguarding the quality of the assessments. Hence, they look at alternative ways for efficient and cost-effective assessments by transferring insurance physician tasks to other (non)-healthcare professionals. This study, carried out by European Union of Medicine in Assurance and Social Security (EUMASS), aimed to describe and compare the use of task transfer (task shifting, delegation and support) in European social security systems. The approach was threefold: (1) A survey questionnaire was sent to all 20 EUMASS members, inquiring about the present and planned use of task transfer in work disability assessments, and how it has been evaluated; (2) A literature study was undertaken on task transfer; (3) Case studies were carried out in selected countries (Belgium, France, the Netherlands, Norway, the United Kingdom) where different approaches to task transfer have been used. Task transfer in disability assessments has been introduced in seven countries, mostly in Western Europe. A mixture of task shifting, delegation, and support was often used. Nurses were the main group to take over new tasks, but other (non)-healthcare professionals were also involved. Task transfer is implemented in different ways in line with the cultural traditions and the specific organisations that comprise the political and financial framework of the individual country. Education and training were important for a successful change of tasks. The changes were mostly seen as positive. Innovative and flexible approaches are described which can provide examples for other countries and can inform further study.

SOURCES OF COMMUNITY LAW THAT PROMOTE THE COORDINATION OF EUROPEAN SOCIAL SECURITY SYSTEMS

This work with the support of the analytical method, aims to analyze the regulations that promote the coordination of the different and dissimilar European social security systems in primary and secondary law. In the final part, the subject of the creation of the regulations that is necessary to coordinate the European social security systems is exposed

Book review: The European Union and Social Security Law, by Jaan Paju. (Oxford: Hart Publishing, 2017)

Book review: <i>The European Union and Social Security Law</i>, by Jaan Paju. (Oxford: Hart Publishing, 2017)

Internal social security coordination in seven European States

In the first chapter, we examine the importance of the difference between federalism and decentralisation as far as issues of internal social security coordination are concerned. In the next chapter, factors limiting the importance of internal coordination are reviewed and in the following chapters, traditional internal coordination questions are addressed. The concluding chapter questions the approach taken by the European Court of Justice in respect of the interaction between European and internal social security coordination.

Social devolution and the impact of European Union Law: A critical analysis

This article examines the extent to which EU law impacts on the relationship between the sub-national entities of a Member State where these sub-national entities have regulatory powers in the field of social protection. More specifically, it explores whether the criteria relied on in EU law for determining the scope of the circles of solidarity in the relationship between the Member States can also be applied in the context of the relations between the sub-national entities of regionalised Member States. It appears that EU law on the free movement of persons influences these matters, more specifically the European social security coordination system that determines to which national circle of solidarity a person migrating between Member States belongs. Indeed, in its judgment in the Flemish care insurance case, the Court of Justice of the European Union (CJEU) also applied these rules to some categories of persons in a cross-border situation between different regions of a single Member State. This article critically analyses this case law specifically in terms of respect for the regionalised identity of socially devolved Member States. It concludes that this kind of respect requires that in the context of the relations between sub-national entities of a regionalised Member State, the domestic constitutional rules determining the boundaries of circles of solidarity between these entities should, in all circumstances, have preference over the EU rules applicable between Member States.

Book review: The European Union and Social Security Law

Book review: The European Union and Social Security Law

The EU social pillar

With atypical work gaining popularity, platform work seems to combine all the elements which, by deviating significantly from the standard employment relationship, challenge social security systems. After an overview of the features of the standard employment relationship and the different ways in which non-standard forms of work diverge from them, the article focuses on the nature of platform work. It then analyses how platform work is regulated in five European social security systems (i.e. Germany, France, the United Kingdom, the Netherlands and Belgium), and how this regulation may fare when analysed under the lens of the recent European Commission’s proposal for a Council Recommendation on access to social protection for workers and the self-employed. The article concludes by highlighting the need for further adaptation of social security systems to the specific features of platform work, and by noting the risks of a regulatory approach towards this new form of work being dominated by the exclusion of low-paid work from the scope of labour-related social insurance schemes.

Welfare State Attitudes and Support for Social Europe: Spillover or Obstacle?

AbstractThis study investigates how support for Social Europe is related to citizens’ welfare attitudes. On the one hand, welfare attitudes can spill over from the national to the European level, given that Social Europe aims to achieve similar goals to those of national welfare states. On the other hand, support for the welfare state can be an obstacle, if citizens perceive the nation state and the European Union as competing or substituting governance levels. Using data from the 2014 Belgian National Election Study, we take a multidimensional approach to Social Europe, capturing attitudes toward social regulations, member state solidarity, European social citizenship, and a European social security system. Results demonstrate that citizens who are more positive about the welfare state are also more supportive of Social Europe. However, positive welfare attitudes do not affect all dimensions of Social Europe to the same extent. The spillover effect of support for basic welfare state principles is strongest for policy instruments of Social Europe that are less intrusive to national welfare states (EU social regulations). By contrast, welfare state critique has a stronger impact on support for more intrusive instruments (European social citizenship).