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Author: Michael Dougan Publisher: Bloomsbury Publishing ISBN: 1847310435 Category : Law Languages : en Pages : 300
Book Description
The assumption that Member States of the European Union enjoyed exclusive competence over social provision has been shaken by the realisation that they are now “semi-sovereign welfare states” whose policy choices are subject to increasing scrutiny under Community law. This book seeks to take stock of how Community membership is reshaping the legal environment of welfare provision across Europe. Topics covered include: the evolving economic and governance debates about Community intervention in social rights; the relationship between public services and Community competition and state aids law; the crucial developments which have taken place in the sphere of health care; and recent judgments on free movement and equal treatment for Union citizens as regards national education and social assistance policies. Social Welfare and EU Law provides a valuable collection of essays overall exploring the emergence of new models of social solidarity within the European Union.
Author: Michael Dougan Publisher: Bloomsbury Publishing ISBN: 1847310435 Category : Law Languages : en Pages : 300
Book Description
The assumption that Member States of the European Union enjoyed exclusive competence over social provision has been shaken by the realisation that they are now “semi-sovereign welfare states” whose policy choices are subject to increasing scrutiny under Community law. This book seeks to take stock of how Community membership is reshaping the legal environment of welfare provision across Europe. Topics covered include: the evolving economic and governance debates about Community intervention in social rights; the relationship between public services and Community competition and state aids law; the crucial developments which have taken place in the sphere of health care; and recent judgments on free movement and equal treatment for Union citizens as regards national education and social assistance policies. Social Welfare and EU Law provides a valuable collection of essays overall exploring the emergence of new models of social solidarity within the European Union.
Author: Eleanor Spaventa Publisher: ISBN: 9781472563385 Category : Electronic books Languages : en Pages : 290
Book Description
This work takes stock of how community membership is reshaping the legal environment of welfare provision across Europe. It provides a valuable collection of essays which explore the emergence of new models of social solidarity within the European Union.
Author: Ulla Neergaard Publisher: Springer Science & Business Media ISBN: 9067048763 Category : Law Languages : en Pages : 626
Book Description
The EU has limited legislative competence in the field of social law. However, the Member States are increasingly modernizing social services and social (welfare) protection, attempting to make social services more efficient by increasingly looking to the market for the provision of such services. This policy move brings social services into the radar of EU law. The EU response to this sensitive issue has resulted in a piecemeal and fragmented approach towards the treatment of a new policy area of Social Services of General Interest (SSGI) in EU law and policy. This book is a first contribution towards charting how SSGI have emerged as a special category of SGI in the EU, the reaction of the Member States and stake-holders and how policy is being made through new governance processes, carve-outs and safe havens in legislation and soft law, especially in the light of the new values of the EU introduced by the Treaty of Lisbon 2009. It takes an inter-disciplinary approach and will be of interest to lawyers, economists and political scientists who are interested in EU policy-making as well as practioners, EU and national policy-makers. Ulla Neergaard is Professor of EU law at the Faculty of Law, University of Copenhagen, Denmark. Erika Szyszczak is a Jean Monnet Professor of European Law ad personam, Professor of European Competition and Labour Law at the University of Leicester, Barrister, Littleton Chambers, UK. Johan W. van de Gronden is Professor of European Law at the Radboud University of Nijmegen, The Netherlands. Markus Krajewski is Professor of Public and International law at the University of Erlangen-Nuremberg.
Author: Laura Nistor Publisher: Springer Science & Business Media ISBN: 9789067048057 Category : Law Languages : en Pages : 446
Book Description
Politically sensitive and economically important, welfare services such as health care, health insurance and education have opened up a heated debate in the EU. The application of EU law to welfare services raises discontent from the part of the Member States who perceive their systems to be under threat. Resisting to the application of the EU law is sometimes seen as part of protecting those values. This book suggests that this resistance is largely unjustified. EU law is not damaging to welfare systems, but it provides adequate balancing mechanisms to ensure that all interests are protected. The approach taken in analysing the impact of EU law on welfare services is to look at the negative integration process and answer the questions related to the extent to which EU law applies to welfare services and the kinds of safeguards the Court offers for these services. The proportionality principle distinguishes itself as the central element in balancing national and Community interests. Being part of the broader integration process, negative harmonization creates legislative lacunae, and therefore, this book also looks at alternative solutions to the negative harmonization process, namely positive and soft law.
Author: Frans Pennings Publisher: Edward Elgar Publishing ISBN: 1788112717 Category : Languages : en Pages : 288
Book Description
In the 1990s, the Maastricht Treaty introduced the right to free movement for EU citizens. In practice, however, there are substantial barriers to making use of this right, particularly to integration and to accessing the social and welfare rights available. This is particularly true when it comes to accessing social rights, such as social assistance, housing benefit, study grants and health care. This book provides a detailed description and thorough analysis of these barriers, in both law and practice.
Author: Frans Pennings Publisher: Edward Elgar Publishing ISBN: 1800886357 Category : Law Languages : en Pages : 475
Book Description
This comprehensive second edition Research Handbook discusses a wide range of timely questions and dilemmas ensuing from the present state of European social security law. Presenting a kaleidoscopic concept of social security, a new generation of leading experts identifies future lines of inquiry that are likely to dominate the discourse in the coming years.
Author: Jaan Paju Publisher: Bloomsbury Publishing ISBN: 1509911561 Category : Law Languages : en Pages : 225
Book Description
The aim of this book is to examine how EU law relates to and impacts on the national social security systems of the Member States. It asks three key questions. Firstly, it looks at how the internal market and its developments have eroded Member States' sovereignty over their social security systems, despite the fact that the EU has limited competence in the field. It then explores, secondly, how the Union Citizenship and, thirdly, the Charter of Fundamental Rights has affected the coordination of these regimes.
Author: Council of Europe Publisher: Council of Europe ISBN: 9287198497 Category : Political Science Languages : en Pages : 402
Book Description
The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.
Author: Elspeth Guild Publisher: ISBN: Category : Business & Economics Languages : en Pages : 172
Book Description
This book examines the main policy controversies that have emerged in the European Union over migration and its impact on the welfare system. Does migration constitute a disproportionate burden to member states' domestic labor markets and welfare systems? Should noncitizens be entitled to social benefits in the state where they live? Is there objective evidence and statistical data indicating abuse of social benefits by noncitizens, social welfare tourism, or the welfare magnet hypothesis, in which migrants are attracted to countries that provide more generous welfare? The contributors analyze these controversies as they affect different categories of noncitizens in the framework of EU law and policy. They also examine the uses or misuses of data, information, and social science knowledge in the debates over the reliance by noncitizens on social benefits. The book concludes with a set of recommendations addressed to EU policymakers.
Author: Johan Willem van de Gronden Publisher: Springer Science & Business Media ISBN: 9067047287 Category : Law Languages : en Pages : 511
Book Description
The EU has only limited competence to regulate national health-care systems but recent developments have shown that health care is not immune from the effects of EU law. As Member States have increasingly experimented with new forms of funding and the delivery of health-care and social welfare services, health-care issues have not escaped scrutiny from the EU internal market and from competition and procurement rules. The market-oriented EU rules now affect these national experiments as patients and health-care providers turn to EU law to assert certain rights. The recent debates on the (draft) Directive on Patients’ Rights further underline the importance, but also the difficulty (and controversy), of allowing EU law to regulate health care. The topicality of the range of issues related to health care and EU law was addressed, in October 2009, at a conference held in Nijmegen, The Netherlands. The present volume contains inter alia the proceedings of this conference and invited essays. This volume follows the publication of The Changing Legal Framework for Services of General Interest in Europe. Between Competition and Solidarity (Krajewski M et al (eds) (2009) T.M.C. Asser Press, The Hague) and launches a new series: Legal Issues of Services of General Interest. The aim of the series is to sketch the framework for services of general interest in the EU and to explore the issues raised by developments related to these services. The book is compulsory reading for everyone who is engaged in issues relating to health care and EU law. Johan van de Gronden is Professor of European Law at the Law Faculty of the Radboud University Nijmegen, the Netherlands. Erika Szyszczak is a Jean Monnet Professor of European Law ad personam and Professor of European Competition and Labour Law at the University of Leicester, UK. Ulla Neergaard is Professor of EU law at the Law Faculty of the University of Copenhagen, Denmark. Markus Krajewski is Professor of International Public Law, Faculty of Law, University of Erlangen-Nuremberg, Germany.
Author: Michael Dougan
Author: Michael Dougan
Author: Eleanor Spaventa
Author: Ulla Neergaard
Author: Laura Nistor
Author: Frans Pennings
Author: Frans Pennings
Author: Jaan Paju
Author: Council of Europe
Author: Elspeth Guild
Author: Johan Willem van de Gronden