The Experts below are selected from a list of 37200 Experts worldwide ranked by ideXlab platform

Vincent Février - One of the best experts on this subject based on the ideXlab platform.

Bart Roels - One of the best experts on this subject based on the ideXlab platform.

  • Do we not introduce too much employment Law in labour Law and Social Security Law? Probably yes!
    Social Work, 2008
    Co-Authors: Bart Roels
    Abstract:

    In order to cope with the challenges of the globalisation of economy and the ageing of society, the European Union developed in March 2000 the Lisbon strategy. The objective is to become "the most competitive and dynamic knowledge-based economy in the world, capable of sustainable economic growth with more and better jobs and greater Social cohesion." Originally this strategy aims to integrate economic policy, employment policy and Social policy on a equilateral basis. The new European concept of flexicurity however stresses the employability of workers. In this way labour Law and Social Security Law lose their original Social function of protecting people. Social Law becomes employment Law, the welfare state becomes a workfare state. This article argues that the responses to the actual challenges should rather be sought in more extensive and binding Social Law on the level of the European Union and the World Trade Organisation. In this way multinational companies can compete on the same level playing field without the risk of Social dumping by enterprises and of a race to the bottom by the national welfare states.

Dong Su-zhan - One of the best experts on this subject based on the ideXlab platform.

  • Social Solidarity serving as the Foundation of Social Security Law
    Modern Law Science, 2007
    Co-Authors: Dong Su-zhan
    Abstract:

    Solidarity,a ubiquitous Social phenomenon,has aroused much concern both in China and elsewhere.It can be classified in accordance with different criteria.Solidarity is the foundation of Social Security Law.As a notion, solidarity has permeated into such ideas of Social Security Law as cooperation and Social right.As a principle,it is em- bodied in the express Law and the process of building specific systems.Different Social Security Law is based upon dif- ferent Social solidarity structure that embraces a different spirit.Along with the evolution of society,the nature and structure of Social solidarity has changed or is changing,which will accordingly give an impetus to the modification of Social Security Law.

  • Comparison and Research on the Old-age Social Security Law in Germany and America —from the Angles of State, Market and Society
    Social Sciences in Ningxia, 2005
    Co-Authors: Dong Su-zhan
    Abstract:

    The old-age Social Security Law is the result of Social change. From the angles of state, market and society, the institution in Germany stresses the action of state and society whereas America pays attention to the function of state and market; but effective system arragement depands on the harmonious work of state, market and society mechanism. The common trends are optimizing the power of country, strengthening the competition idea and raising autonomy spirit.

Nicolas Rennuy - One of the best experts on this subject based on the ideXlab platform.

  • EU Social Security Law : territoriality, solidarity and equality
    2017
    Co-Authors: Nicolas Rennuy
    Abstract:

    This PhD formulates a theory on EU Social Security Law. Drawing on private international Law, it posits (i) that all rules of EU Social Security Law perform one of three functions, (ii) that these functions serve to reconcile mobility and solidarity, and (iii) that they are related to the idea of equality. No State awards benefits to persons, regardless of where they find themselves. The first function of EU Social Security Law is to determine who is sufficiently integrated in a country to qualify for Social protection. It is submitted that, depending on the person and the benefit, the EU and its Member States rely on one of three models to perform this function. The first empowers administrators to measure integration on the facts of the case. The other two models are much less responsive to the personal circumstances of the applicant. At the risk of being inaccurate when gauging integration, they use rigid and prefixed indicators. One of those models erects a tall wall around the welfare state and deprives many migrants of benefits. The other ensures that Social protection follows migrants like a shadow: cross‐border movement might entail a shift to a less congenial Social Security system, but does not result in a gap in Social protection. Each model governs certain persons and benefits. A comparison of the size of their spheres of influence sheds light on the Social content of EU citizenship and the degree of transnational solidarity in EU Law. The second and third functions of EU Social Security Law address the issues caused by the fact that national Law is conceived in and for a purely national context. When applied to cases that have meaningful ties to other legal orders, national welfare Law regularly fails its aims and offends the idea of equality. If Social Security institutions apply their Laws as per usual, they will overpay, underpay, overcharge, or undercharge. From the perspective of the individual, unsolved disharmonies result in duplication of benefits, Social gaps, double burdens, or free‐riding. Consequently, the policy goals of the Social Security systems in question are distorted. A legal order has a few instruments at its disposal to deal with such disharmonies. An astute legislator can dry their source. Prevention may be easier than cure, it is only realistic for a limited number of disharmonies, as it jeopardises competing interests. The choice is usually between either tolerating a disharmony and stomaching its consequences, or solving it on a case‐by‐case basis by modifying national Law in the light of foreign Law. This modification, which is often imposed by EU Law, generally protects national regulatory objectives. It is a very labour‐intensive process that is fraught with difficulty. Among its consequences are the deterritorialisation of the welfare state, and the erosion of the monopoly of the legislature. Administrators and judges, who are thought to apply detailed Social Security legislation in a mechanical manner, in fact wield significant powers. Through the lens of the three functions, one sees the outer limits of EU Social Security Law, and the tensions that traverse it – tensions between solidarity and mobility, between the different branches of government, and between flexibility and legal certainty, to name but a few. This PhD identifies a number of criteria that allow to evaluate and critique trade‐offs. For instance, it is shown that conflict rules are torn between the ambition to measure the integration of a migrant precisely, and the wish to avoid disharmonies. Some tensions are irresolvable, others are non‐zero‐sum games. Especially with respect to the latter, a number of suggestions are made to improve the current regulatory framework.

  • De Cuyper: platentektoniek in het Europa van de Burgers
    2012
    Co-Authors: Nicolas Rennuy
    Abstract:

    The De Cuyper case stands at the crossroads between the European Citizenship provisions and the Social Security Regulations. Searching for a balance between these at times dissonant approaches, the Court reshaped the constitutional relationship between the free movement provisions of the TFEU, the Social Security Regulations and national Social Security Law through the principle of proportionality. Thereby, it introduced a test which would reverberate across European Social Security Law and other domains of EU internal market Law. The Court's application thereof on the facts of the case is criticised on the grounds that it does not do justice to the atypical nature of the unemployment benefit at stake.

  • Assimilation, territoriality and reverse discrimination: a shift in European Social Security Law?
    2011
    Co-Authors: Nicolas Rennuy
    Abstract:

    The last step in the deterritorialisation of the welfare state was taken with the enactment of the European principle of assimilation. Henceforth, a Member State must give parity of treatment to facts and events occurring abroad. European Union Law does not only require the assimilation of foreign nationals, but also the assimilation of the facts that affect those persons. This contribution offers different perspectives on the assimilation principle. Its impact on the rights and duties of individuals is determined. In this regard, the prohibition on reverse discrimination flowing from the assimilation principle is noteworthy. A second theme is the balance of power between Europe and its Member States. How does the principle affect national Social Security schemes? Besides, it is examined how the principle fits within its regulatory framework, ie the coordinating Regulations. A last question is whether the principle is autonomous or merely auxiliary to the equal treatment rule.

Terry Carney - One of the best experts on this subject based on the ideXlab platform.

  • Which Law is Laggard? Regulation and the Gaps between Labour Law and Social Security Law
    2008
    Co-Authors: Terry Carney, Gaby Ramia, Anna Chapman
    Abstract:

    This paper analyses the interaction between labour Law and Social Security Law for two categories of work-life situation: workers with family responsibilities (WFR) and jobseekers. The categories of WFR and jobseeker each represent an emblematic spot on the spectrum of interaction between labour Law and Social Security Law, one primarily from labour Law and the other from Social Security Law, but with intersecting concepts either way. The central argument made in this chapter is that, although WFR are more transparently subject to a combination of Laws in the labour and Social Security fields, it is jobseekers who are governed by a more integrated set of regulations. The complicating factor, however, is that this greater regulatory streamlining for jobseekers should not be taken to suggest that they are treated in a more humanistic way; for as we demonstrate, market principles are equally paramount in the regulation of both the WFR and jobseeker life-situations. Paradoxically, despite the apparent newness of regulation theory, it is the established tradition of integration between Law and policy institutions in the Social Security system which determines the greater sophistication of jobseeker regulation. Though more clearly subjected to pressure and influence from non-traditional regulatory areas, labour Law still suffers from a relative isolationism, which curtails legal and other rules from reaching out to integrate with broader factors bearing upon the Social and life status of WFR.

  • neoliberal welfare reform and rights compliance under australian Social Security Law
    Australian Journal of Human Rights, 2006
    Co-Authors: Terry Carney
    Abstract:

    Recent neoliberal reforms to Australian Social Security and labour Law privilege individual industrial bargaining and adopt a 'job-first' policy for welfare recipients, which exposes them to greater market pressures. This builds on earlier Howard conservative government reforms such as the privatisation of job matching services, insistence on mutual obligation and workfare expectations of the Social Security clients, and intensification of loss of payment penalties for compliance breaches. This article examines the extent to which Social Security decisionmaking in Australia is favourably influenced by international treaties which include Social Security among the Social and economic rights sought to be protected. It is argued that rights to Social Security are of their nature weak and sometimes internally conflicted, but this is compounded by their more limited purchase in Australian Law. Consequently international Law has been of less assistance in protecting Social Security rights within Australia than is the case internationally.

  • Social Security Law and Policy
    2006
    Co-Authors: Terry Carney
    Abstract:

    The Australian Social Security system has undergone a major transformation in the last decade. "Social Security Law and Policy," published by Federation Press in 2006, provides a thorough discussion of legislation and case Law, and sets out the legal principles and concepts, which underpin recent welfare reforms. This book reviews the history and transformation of the welfare state, ideas about the nature of poverty, and the policy changes that need to be made. Detailed case studies examine current welfare issues and consider the changes affecting key groups including: • the replacement of passive unemployment benefits with requirements to "actively seek work" and completion of "activity tests;" • the expectation for sole parents, and the ill and the disabled to join the workforce; • the increasingly grey area between work and retirement for our ageing population; • the changing nature of access to family payments for children which is now largely governed by the taxation system; and • the workings of income and means tests.