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Research Handbook on European Social Security Law

9781782547327 Edward Elgar Publishing

Research Handbooks in European Law series

Edited by Frans Pennings, Professor of Labour Law and Social Security Law, Utrecht University and Gijsbert Vonk, Professor of Social Security Law, University of Groningen, the Netherlands

Publication Date: November 2015 ISBN: 978 1 78254 732 7 Extent: 640 pp

This Handbook encompasses four dimensions of European social security law: social security as a human right, standard setting in social security, the protection of mobile persons and migrants and the global context of European social security law. It pays attention to both EU law and to various instruments of the Council of Europe. In 22 chapters prominent experts analyse contemporary debates, discuss new challenges and point out further lines of research. Through this exploration, the Handbook provides a source of inspiration for the development of this special field of law.

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Critical Acclaim

Contributors

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The Research Handbook on European Social Security Law critically examines the various European dimensions of social security. The collection discusses a wide range of questions and dilemmas ensuing from the present state of European social security law, whilst at the same time identifying future lines of inquiry that are likely to dominate the discourse in the coming years.

This Handbook encompasses numerous dimensions of European social security law, including: social security as a human right; standard setting in social security; the protection of mobile persons and migrants; as well as the global context of European social security law. It pays attention to both EU law and to various instruments of the Council of Europe. Throughout the book's chapters prominent experts analyse contemporary debates, discuss new challenges and point out further lines of research. Via this exploration, the Handbook provides a source of inspiration for the development of this special field of law.

Covering a breadth of topic and research, scholars and practitioners alike will find this Research Handbook to be an invaluable source of information.

Critical Acclaim

‘Written (only) by lawyers, the book can serve as a valuable research tool for scholars from the legal discipline. After all, as the last chapter states, ‘European social security law is likely to remain a lawyers’ paradise.’
– European Journal of Social Security

‘The 22 chapters of this book explore the length and breadth of European social security law. That field is sometimes divided into harmonizing rules, which set minimum standards, and equal treatment rules, which do not affect the standards so much as the groups entitled to them. Equal treatment on the grounds of nationality is central to the coordination of the social security
rights of migrants. Human rights, finally, can raise standards as well as the number of their beneficiaries. This rough partition shines through the structure of the book.’
– Nicolas Rennuy, Common Market Law Review

Contributors

Contributors: P. Borsjé, S. Burri, P. Copeland, R. Cornelissen, T. Dijkhoff, E. Eichenhofer, O. Golynker, B. ter Haar, G. Katrougalos, I.E. Koch, D. Kochenov, E. Kohlbacher, H. van Meerten, A.P. van der Mei, M. Mikkola, M. Olivier, F. Pennings, D. Pieters, P. Schoukens, L. Slingenberg, G. Van Limberghen, H. Verschueren, G. Vonk, M. Westerveld

Contents

Contents:

Preface
Frans Pennings and Gijsbert Vonk

PART I HUMAN RIGHTS AND SOCIAL SECURITY
1. Social Security as a Human Right: A European Persective
Eberhard Eichenhofer

2. Growing Apart Together: Solidarity and Citizenship in Europe
Dimitri Kochenov

3. Social Security in the Case Law of the European Court of Human Rights
Lieneke Slingenberg

4. Social Security in the ‘Case Law’ of the Social Rights Committee
George Katrougalos

5. The Interaction between Human Rights Case Law: Convergence or Competition?
Ida Elisabeth Koch

6. The Approaches of the EU Court of Justice and the European Court of Human Rights Vis-à-vis Discrimination on Grounds of Nationality in Social Security
Frans Pennings

PART II MINIMUM STANDARDS ON SOCIAL SECURITY IN EUROPE AND THE PRINCIPLE OF EQUAL TREATMENT
7. The Development of European Social Security Standards
Matti Mikkola

8. Supervision of Social Security Standards: Between Law and Politics
Tineke Dijkhoff

9. The Coordinated Governance of EU Social Security Policy – Will There ever be Enough?
Paul Copeland and Beryl ter Haar

10. EU Equal Treatment: The EU Approach
Susanne Burri

11. Women and Social Security
Mies Westerveld

12. Social Security and the Disabled
Elisabeth Kohlbacher

PART III THE PROTECTION OF MOBILE PERSONS AND MIGRANTS
13. Principles of EU Coordination of Social Security
Frans Pennings

14. Social Security for Mobile Workers and Labour Law
Rob Cornelissen and Guido Van Limberghen

15. A European Pensions Union: Towards a Strengthening of the European Pension Systems
Pascal Borsjé and Hans van Meerten

16. EU Migrants and Destitution: The Ambiguous EU Objectives
Herwig Verschueren

17. Social Security Protection of Migrants from Outside Europe
Gijsbert Vonk

18. Coordination of Student Financial Aid Systems: Free Movement of Students or Free Movement of Workers?
Anne Pieter van der Mei

19. Patient Mobility and Health Care in the EU
Oxana Golynker

PART IV EUROPEAN SOCIAL SECURITY LAW IN A GLOBAL CONTEXT
20. The EU Promotion of Social Protection in the World
Marius Olivier

21. Social Security Law Instruments of the Next Generation: European Social Security Law as a Source of Inspiration?
Danny Pieters and Paul Schoukens

PART V THE FUTURE OF EUROPEAN SOCIAL SECURITY LAW
22. The Land of Four Quarters: The Future of European Social Security Law
Gijsbert Vonk

Index