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Social Welfare And Eu Law
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Book Synopsis Social Welfare and EU Law by : Michael Dougan
Download or read book Social Welfare and EU Law written by Michael Dougan and published by Bloomsbury Publishing. This book was released on 2005-07-11 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Social Welfare and EU Law by : Eleanor Spaventa
Download or read book Social Welfare and EU Law written by Eleanor Spaventa and published by . This book was released on 2005 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Social Services of General Interest in the EU by : Ulla Neergaard
Download or read book Social Services of General Interest in the EU written by Ulla Neergaard and published by Springer Science & Business Media. This book was released on 2012-10-30 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Public Services and the European Union by : Laura Nistor
Download or read book Public Services and the European Union written by Laura Nistor and published by Springer Science & Business Media. This book was released on 2011-09-15 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis EU Citizenship and Social Rights by : Frans Pennings
Download or read book EU Citizenship and Social Rights written by Frans Pennings and published by Edward Elgar Publishing. This book was released on with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Research Handbook on European Social Security Law by : Frans Pennings
Download or read book Research Handbook on European Social Security Law written by Frans Pennings and published by Edward Elgar Publishing. This book was released on 2023-11-03 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Combating Poverty and Social Exclusion in European Union Law by : Ane Aranguiz
Download or read book Combating Poverty and Social Exclusion in European Union Law written by Ane Aranguiz and published by Routledge. This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- The EU social policy context -- The EU fundamental social rights landscape -- The EU constitutional framework -- Implementing the objective of combating poverty and social exclusion under EU Law -- General conclusions.
Book Synopsis The European Union and Social Security Law by : Jaan Paju
Download or read book The European Union and Social Security Law written by Jaan Paju and published by Bloomsbury Publishing. This book was released on 2017-08-24 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Eu Law as a Creative Process by : Pauline Stephanie Phoa
Download or read book Eu Law as a Creative Process written by Pauline Stephanie Phoa and published by Europa Law Publishing. This book was released on 2021-12-23 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: All legal texts tell us stories in many ways. What stories, what narratives, can be found in the case law of the Court of Justice of the European Union? This book invites the reader to think of the world of EU law as a creative process. From such a perspective, the adjudicative praxis of the Court is an intellectual, cultural, literary activity, in which the reader can imagine him- or herself participating. The author develops a novel hermeneutic methodology to examine the textual performance of the Court, by combining the work of American 'Law and Literature' scholar James Boyd White with the work of French philosopher Paul Ricoeur. This methodology allows for an analysis of the role played by the Court in its legal reasoning and the vision of humanity it demonstrates: narratives of 'self' and 'other.' The synthesis of two case studies (on economically inactive EU citizens' access to social benefits, and on data protection and privacy) results in an open-ended and self-reflective examination of the narratives about human agency and human responsibility in the case law of the Court of Justice European Union.
Book Synopsis Social Benefits and Migration by : Elspeth Guild
Download or read book Social Benefits and Migration written by Elspeth Guild and published by . This book was released on 2013 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 :9067047287 Total Pages :511 pages Book Rating :4.0/5 (67 download)
Book Synopsis Health Care and EU Law by : Johan Willem van de Gronden
Download or read book Health Care and EU Law written by Johan Willem van de Gronden and published by Springer Science & Business Media. This book was released on 2011-05-18 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Handbook on European data protection law by : Council of Europe
Download or read book Handbook on European data protection law written by Council of Europe and published by Council of Europe. This book was released on 2018-04-15 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Economic and Social Integration by : Dagmar Schiek
Download or read book Economic and Social Integration written by Dagmar Schiek and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Dagmar Schiek has written a timely and vital book. Following financial and sovereign debt crises, the European Union is in crisis. As responses to crisis – for example fiscal union – appear to be couched in wholly technocratic terms, a European public is entitled to ask whether the European Union has any respect for established national traditions of social constitutionalism and social welfare. Dagmar Schiek addresses these questions, both in a historical and contemporary context of social constitutionalism, arguing forcefully for the need to establish social legitimacy within Europe. I recommend this book to all researchers and students of European Union.' – Michelle Everson, Birkbeck College, University of London, UK 'Is there a "European social space"? What is the place of "social integration" alongside "economic integration" in the EU? Has a "socially embedded constitutionalism" been developed in parallel with the internal market case law of the CJEU? Dagmar Schiek in her comprehensive and interdisciplinary study gives refreshing new answers under the recent Lisbon Treaty.' – Norbert Reich, Universität Bremen, Germany 'At a time of crisis and therefore a crucial juncture in European politics, Dagmar Schiek offers us an inspiring vision of the potential of the European Union. In her brilliant study, she exposes the obstacles that economic integration has posed for achievement of social justice, and provides a bold solution. Rejecting more limited models of constitutionalism, she presents a convincing alternative which is socially embedded, allowing space for action by manifold actors at multiple levels of governance.' – Tonia Novitz, University of Bristol, UK This well-researched book analyses the positioning of EU constitutional law towards economic and social integration by contrasting liberal and socially embedded constitutionalism. The book draws on a unique content and discourse analysis of all Grand Chamber decisions on substantive EU law since May 2004. It finds the EU's 'judicial constitution' to be more nuanced and more uniform than expected. While the Court of Justice enforces the constitution of integration, it favours economic freedoms under mainly liberal paradigms, but socially embeds constitutionalism in citizenship cases. The 'judicial constitution' contrasts with EU Treaties after the Treaty of Lisbon in that their new value base enhances European social integration. However, the Treaties too seem contradictory in that they do not expand the EU's competence regime accordingly. In the light of these contradictions, Dagmar Schiek proposes a 'constitution of social governance': the Court and EU institutions should encourage steps towards social integration at EU level to be taken by transnational societal actors, rather than condemn their relevant activity. Economic and Social Integration will appeal to academics and postgraduate students in EU law, EU politics, European sociology, international relations, international law, labour law, and welfare state theory. Undergraduate students in labour law, policy advisors on EU social policy and welfare state, government departments and EU Commission departments will also find much to interest them in this book.
Book Synopsis Welfare to Work in Contemporary European Welfare States by : Eleveld, Anja
Download or read book Welfare to Work in Contemporary European Welfare States written by Eleveld, Anja and published by Policy Press. This book was released on 2020-01-29 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: With welfare to work programmes under intense scrutiny, this book reviews a wide range of existing and future policies across Europe. Seventeen contributors provide case studies and legal, sociological and philosophical perspectives from around the continent, building a rich picture of welfare to work policies and their impact. They show how many schemes do not adequately address social rights and lived experiences, and consider alternatives based on theories of non-domination. For anyone interested in the justice of welfare to work, this book is an important step along the path towards more fair and adequate legislation.
Author :International Labour Organisation Publisher :International Labour Organization ISBN 13 :9789221148395 Total Pages :306 pages Book Rating :4.1/5 (483 download)
Book Synopsis Minimum Income Schemes in Europe by : International Labour Organisation
Download or read book Minimum Income Schemes in Europe written by International Labour Organisation and published by International Labour Organization. This book was released on 2003 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the paradox of rich countries of Western Europe, who have high levels of poverty whilst proclaiming its eradication as one of the primary social and economic goals. It looks at how policies often do not achieve their goals, why countries need mechanisms to reduce wage inequality and why they choose to provide universal benefits instead of systems of selective benefits targeted at the poor. Along with cross-countries comparisons, the volume also presents analysis of the minimum income in France, Portugal, Italy, Finland, Ireland, Belgium, and Greece.
Book Synopsis EU Law and the Welfare State by : Gráinne De Búrca
Download or read book EU Law and the Welfare State written by Gráinne De Búrca and published by Oxford University Press on Demand. This book was released on 2005 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays addresses a topical subject of current importance, namely the impact of the EU on national welfare state systems. The volume aims to question the perception that matters of social welfare remain for Member States of the EU to decide, and that the EU's influence in this field is minor or incidental. The various essays trace the different ways in which the EU is having an impact on the laws and practices of the Member States in the area of welfare, looking at issues of social citizenship and the influence of the Charter of Fundamental Rights, as well as at the impact of EU economic freedoms - competition law and free movement law in particular - on both 'services of general economic interest' and on national health-care systems. The significance of the so-called Open Method of Coordination in developing a new compromise on 'social Europe' is discussed, as well as the tensions between market liberalization and social protection in the specific context of this transnational political system are examined. While the various authors clearly have different views on the likelihood of a robust form of European social solidarity developing, the book as a whole suggests the emergence of a distinctive, although partial and fragmented, European Union welfare dimension.
Book Synopsis Integrating Welfare Functions Into EU Law by : Ulla Boegh Neergaard
Download or read book Integrating Welfare Functions Into EU Law written by Ulla Boegh Neergaard and published by Djoef Publishing. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Little attention has been paid to the extent to which EU law ensures the provision of welfare functions and whether there are any observable trends. This book brings together essays by leading legal scholars from a number of European countries on the question of whether welfare functions can be expected to become increasingly integrated into EU law following the possible ratification of the Treaty of Lisbon. The essays are evolutionary in their approach. They are based on papers presented at a research conference held at the Copenhagen Business School, Denmark, in August 2008. This broad conceptual approach mirrors the composition of the group of contributors who are all lawyers within different legal disciplines. They represent various legal cultures and styles partly related to different geographical backgrounds. The contributions address different dimensions of the evolution regarding welfare functions in EU law.
