bluuebunny/crossref_metadata_2025 huggingface dataset:
Pension Reforms in Poland since Transition – From Path Departure to Path Dependence
Authors: Aleksandrowicz Paula
Published: March 2017

Poland, traditionally a country with a Bismarckian pension system, implemented a reform in 1999 that transformed it into a multi-pillar system. However, some features of the new pension system are characterised by path dependent development. Privileges for certain beneficiaries, like a lower retirement age, were abolished in the new pension system, but were subsequently restored in part. This avoided the social and political costs that would have arisen if these privileges had been completely abolished. This paper analyses the process and outcome of the 1999 pension reform in Poland from the perspective of path dependence. It describes the political and economic framework in which the reforms took place, identifies the organised interests that were involved and argues that, while the introduction of the second and third pillar can be understood as path shaping, the change of the PAYG pillar is an incomplete path departure.
Social Rights of Non-European Illegal Immigrants in France
Authors: Daugareilh Isabelle
Published: March 2017

Non-European immigrants in an illegal situation in France1 – sans papiers – are considered very differently under labour law and social security legislation. In labour law, they are treated, at least partially, like legally-employed workers. However, the extreme vulnerability of these workers in dealings with their employers can only be remedied by the recognition of residency rights based on their actual employment situation. This is not a controversial legal issue at present in France. As far as social coverage is concerned (health, maternity, disablement, and retirement), illegal immigrants were excluded from the scope of application of social security legislation in 1993 and relegated to social assistance, with all the perverse effects that entailed. The radical change in French legislative policy on the right to social protection for foreigners since 1993, initially by imposing legal residence as a condition for access to social security systems and benefits, then instituting a minimum, continuous residency requirement for access to a reduced ‘selection of care, obviously raises the issue of the incompatibility between national positive law and international laws adopted by France.
The Legal Character of International Social Security Standards
Authors: Korda Maria , Pennings Frans
Published: March 2017

The International Labour Organisation (ILO) and the Council of Europe have developed a number of conventions relating to social security standards. As these standards are international conventions they have legal effects. In this article, we discuss the various dimensions of these effects, including interpretation, problems of supervision and the role of the conventions in national courts. The article considers how these legal effects should be assessed, and how to proceed with international social security standards.
Converging Trends of Social Policy in Europe: Social Security Benefit Reform in the UK, the Netherlands and Finland
Authors: Van Gerven Minna
Published: March 2017

It has been suggested that similar challenges in the socio-economic environments of European welfare states necessitate convergence of national social security benefit programmes. However, convergence remains an ambiguous matter in social policy research, both with regard to its conceptualisation and to its operationalisation. This article attempts to contribute to this debate by revisiting the concept of convergence and analysing empirically the welfare reforms in three European countries (the UK, the Netherlands, Finland) and two benefit programmes (unemployment and disability insurance benefit programmes) over a period of 26 years (1980–2006). Based on data relating to legal changes in benefit rights and conditions, it is argued that changes in European social security programme have, over time, moved the programmes towards common points. The reforms in the countries that are examined highlight four trends, namely increased work-relatedness in benefit rules, growing activation of benefit recipients, more stringent targeting of the programmes and reduced generosity of benefit entitlements. The data are also used to demonstrate the importance of an analytical approach as a general theoretical device: the article demonstrates how convergence occurred only at the level of broad policy goals, and not at the level of policy instruments.
Three Approaches to Refunding Social Insurance Contributions to Temporary Migrant Workers: Is There an Attractive Policy Alternative?
Authors: Vonk Gijsbert , Kapuy Klaus
Published: March 2017

This article discusses some legal aspects pertaining to the idea of refunding social insurance contributions to temporary migrant workers. It presents three possible methods of refunding contributions: a repatriation bonus, an individual pension reserve and an ‘opt-in’ scheme. These three schemes are tested on two countries: the Netherlands and the United States of America. The test reflects the interests of different stakeholders: the migrant workers themselves, the migrant workers' countries of origin and the host countries. The article concludes that whether refunding social insurance contributions to temporary migrant workers is an attractive policy alternative strongly depends on the national context. For specific social security programmes in the United States, the article suggests that contribution refunding might be worth considering. But on the whole it concludes that refunding contributions can only be a second best solution. Aiming for proper national standards of protection for migrant workers, supplemented by a network of international social security agreements still presents the most honourable course.
Housing as a Human Right in Europe
Authors: Mikkola Matti
Published: March 2017

This article analyses the exercise of the right to housing in Europe in the light of European human rights standards. Special attention is given to the European Social Charter Article 31.1 which deals with the right to housing in general and overlaps with paragraph 2 on the prevention of homelessness and paragraph 3 on the affordability of housing costs. The European Convention of Human Rights also includes provisions on the right to housing, such as Article 3 (degrading treatment) and Article 8 (family), which overlap with provisions of the Charter. Together these provisions require States to guarantee citizens the right to receive temporary housing of dignity under all circumstances and access to standard housing without unreasonable delay. The last mentioned requires, in turn, that States have at their disposal a sufficient and sufficiently rotating stock of social rented housing, which is accessible to vulnerable persons and families. The article concludes that a multidimensional indicator is needed to assess the efficiency of the housing programs and measures to prevent and remove homelessness.
Flexicurity: In Pursuit of a Moving Target
Authors: Bredgaard Thomas , Larsen Flemming , Madsen Per Kongshøj
Published: March 2017

Flexicurity – the contraction of flexibility and security – has in a short time become a political celebrity. In this article we trace back the genealogy of this celebrity. We begin by analysing the reasons behind the current celebration of flexicurity by the European Commission, and describe the European evolution of the concept. Then we take one step backwards and describe the conceptualisation and development of the Danish case of flexicurity, which is currently the most prominent real-life example of flexicurity in action. Our final step back in time takes us to the Dutch origins of the concept.

With the near-universal celebration of flexicurity in both policy and academic circles there is a real risk of the concept becoming diluted, and eventually meaningless. In order to understand what flexicurity could and should mean we discuss various definitions of flexicurity, and arrive at a new understanding of flexicurity as an analytical concept. We suggest distinguishing between internal and external dimensions of flexibility and security, and arrive at two ideal models of either internal or external flexicurity. This distinction opens up for empirical enquiry combinations of flexibility and security that go beyond simple trade-offs and include virtuous and vicious circles between flexibility and security. The distinction also raises the issue of the difficulty in shifting from one balance of flexicurity towards another – and, thus, uncritically trying to imitate specific flexicurity examples.
On the Road to Flexicurity: Dutch Proposals for a Pathway towards Better Transition Security and Higher Labour Market Mobility
Authors: Bovenberg Lans , Wilthagen Ton
Published: March 2017

As regards labour-market reform and employment policies, the European Union currently touts the concept of ‘flexicurity’, aiming at simultaneously enhancing both flexibility and security in the labour market in response to the globalisation of the economy and far-reaching demographic developments such as the ageing of the population. Each Member State is expected to map out its own distinct pathway towards more flexicurity and the European Commission has, for its part, suggested a set of four general pathways. Therefore a need exists for ideas and examples on how to elaborate a flexicurity pathway, looking for inspiration rather than imitation. In the Netherlands, a government-appointed Committee on Labour Market Participation (the so-called Bakker Committee) has recently published proposals and recommendations for further reform of the Dutch labour market. This paper discusses that part of these proposals involving a particular flexicurity pathway towards better transition security and higher labour-market mobility. This possible pathway, now being debated in the Netherlands, may also be of interest to other Member States.
50 Years of European Social Security Coordination
Authors: Cornelissen Rob
Published: March 2017

This article provides an historical overview of the major developments during 50 years of European social security coordination. It shows how the protection offered by the Community Regulations has been gradually extended and improved. The Court of Justice has played a substantial role in this development. The extension of the personal scope of the coordination rules from workers to EU citizens, as well as some developments in their material scope, is highlighted. The principle of equal treatment has been reinforced in the new Regulation 883/2004, which will soon replace the current Regulation 1408/71. The developments in the geographical application of the coordination rules are highlighted as well as the importance of international agreements concluded between the EU and third countries. The article also shows the growing impact of Treaty provisions governing other fields of Community law on the coordination of social security. Cross-border health care is just an example. Special attention is paid to the developments in the legal basis for Community legislation on coordination of social security, including the introduction of clear competence to legislate on third country nationals. In the conclusions a number of reflections are expressed about where the coordination could, or indeed, should go in the future.
General Principles of Coordination in Regulation 883/2004
Authors: Jorens Yves , van Overmeiren Filip
Published: March 2017

Fifty years after Regulation 1408/71, a new Coordination Regulation, 883/2004, will shortly enter into force and become the new coordination instrument. The general principles of the coordination of social security (equal treatment, aggregation of periods, export of benefits and rules for the determination of the applicable legislation) still constitute, after 5 decades, the general framework of coordination. No fundamental changes can be reported, although these principles were adapted in line with the modernisation and simplification exercise of the whole coordination framework, in order to take into account several developments in national social security legislation as well as in the case law of the European Court of Justice. New developments in the framework of European citizenship, and the influence of the other “constitutional” principle of the free movement of people in the EU Treaty, play an important role and might in the future further challenge the coordination framework. This is in particular the case with respect to the derogations to the exportability rule, as well as with respect to the rules on the applicable legislation. The general rule on equal treatment was strengthened through the generalisation of the assimilation of facts. Although some small improvements have been obtained with respect to the personal and material scope of the Regulation, a lot of burning issues remain and already call for further attention in the future. Regulation 883/2004 might be the welcomed new start of the coordination framework, but the challenges currently encountered raise the question whether it is not time to reflect on a new framework, perhaps leaving aside decisions taken decades ago and re-confirmed today by the community legislator.
The Rules within Regulation 883/2004 for Determining the Applicable Legislation
Authors: Schoukens Paul , Pieters Danny
Published: March 2017

This article will outline the changes brought about by Regulation 883/2004 to the rules for determining which EU Member State's social security legislation is applicable to individuals under a variety of cross-border situations (Title II of regulation). We will first describe the current rules for determining the competent State. Next, we will give an overview of the new rules. In a third section, we will discuss whether the new regulation really simplifies and modernises the rules for determining the legislation applicable. We will do so by analysing some situations that were considered problematic under the old regulation. The main question will be whether Regulation 883/2004 brings the expected improvements. Finally, we will give some concluding remarks.
Modernisation of European Coordination of Sickness Benefits
Authors: Marhold Franz
Published: March 2017

The coordination of sickness benefits by the new Regulation 883/2004 has been modernised to some extent, particularly in providing social protection for frontier workers and members of their families and for pensioners. The achievements of the new regulations do not, however, go beyond what could have been reached by a revision of Regulation 1408/71.

The relationships between cross-border cost reimbursement and patient mobility, between Treaty rights based on the right to free movement of services and to coordination of social security are still unsettled. They are even further complicated by the proposed Directive on the exercise of patient rights in cross-border healthcare. The relationship between care benefits related to sickness and special non-contributory benefits needs further clarification and is not comprehensively governed by the regulation.
Accidents at Work and Occupational Diseases
Authors: Fuchs Maximilian
Published: March 2017

The new rules on coordination of benefits for accidents at work and occupational diseases, contained in Articles 36–41 of Regulation 883/2004, offer an interesting example of successful simplification of coordination rules, one of the central goals of the reform. Whereas Regulation 1408/71 needed 13 articles to carry out coordination, the new Regulation contains only 6. The main mechanism that provides for this simplification is the referral in Article 36 Regulation 883/2004 to the similar rules on health care, and the abolition of provisions on the assimilation of facts or events that was made possible by the introduction of a general norm on this aspect (Article 5 Regulation 883/2004). Criticism, however, has to be levelled against the complete preclusion of cost sharing between Member States in the area of occupational diseases.
Coordination of Unemployment Benefits under Regulation 883/2004
Authors: Pennings Frans
Published: March 2017

The coordination of unemployment benefits is a politically sensitive issue. Questions, which have been raised in the past years, are, among others: is the rule that the State of residence is responsible for unemployment benefits for frontier workers acceptable? How can atypical frontier workers be dealt with? Is the division of costs between the State of employment and the State of residence adequate? Can the period of paying benefit be prolonged beyond the present three month period and can the radical sanction in the case of late return (total loss of remaining benefit rights) be softened? These issues have also been dealt with when drafting Regulation 883/2004. This contribution makes an analysis of the solutions found.
The Coordination of Family Benefits by Regulation 883/2004
Authors: Devetzi Stamatia
Published: March 2017

Two of the most important questions concerning family benefits in European Social Security Law are concerned with determining the competent state and deciding whether the amount of benefit should be fixed at the level payable in the State of residence of the family or at the level payable in the State where the parents work. The new Regulation 883/04 gives answers to these and other questions. Moreover, the new provisions on family benefits contribute to the simplification of the European Social Security law.

This paper presents the most important changes in the ‘Family Benefits’ Chapter. It then discusses the recent Bosmann Judgement of the ECJ, a judgement concerning the cross-border granting of family benefits. In the third part, the ECJ Ruling in the Geven Case is presented as an example of the consequences the new Regulation can have on national law. It is argued that the application of the new rules on family benefits in conjunction with the new, broader definition of the persons covered by the Regulation and the rules on conflict of laws can result in a lot more changes than one might think at first glance.
Special Non-Contributory Benefits in Regulation 1408/71, Regulation 883/2004 and the Case Law of the ECJ
Authors: Verschueren Herwig
Published: March 2017

This paper examines the provisions in Regulation 883/2004 on special non-contributory benefits and compares them with those of Regulation 1408/71. First the separate coordination regime that has been introduced for the so-called special non-contributory benefits is described. The status of these benefits has been under discussion for more than 30 years now, both at the level of the European legislature and of the European Court of Justice (ECJ). The issues raised concern the scope of the EC coordination system and the application of its general principles, in particular the export of benefits. Further to the case law of the ECJ, the Community legislator intervened in 1992 for the first time by introducing a special coordination regime for these benefits in Regulation 1408/71. Due to developments in the ECJ's case law, these provisions had to be thoroughly redrafted in the new Regulation 883/2004. This matter was so urgent that these amendments had already been integrated in the current applicable provisions of Regulation 1408/71. The history of these discussions is briefly highlighted, and then the specific coordination regime that has been set up in Regulations 883/2004 and 1408/71 is explored. Finally, the paper examines the very recent discussion on this regime before the ECJ, challenging again the legislative agreement.
Flexicurity: What Can We Learn from the Scandinavian Experience?
Authors: van den Berg Axel
Published: March 2017

This article criticises the multiplicity of meanings that have been attached to the term ‘flexicurity’ and the largely rhetorical, depoliticising uses to which it has been put by EU-level policy makers and analysts. It then proceeds to examine the two cases in which the underlying idea of flexicurity – that social protection and economic performance can be mutually reinforcing – has been most unambiguously pursued: the Swedish ‘Rehn-Meidner’ plan and the Danish ‘Golden Triangle’. This analysis suggests that a major factor in the relative success of these policies in these two Scandinavian countries has been the presence of ‘encompassing organisations’ (Olson 1982) on both sides of the bargaining table. The article ends with some considerations of the implications of this analysis for the much-discussed transferability of the Scandinavian experience to other national settings.
Labour Market Activation Policies for the Long-Term Ill – A Sick Idea?
Authors: Hetzler Antoinette
Published: March 2017

This paper addresses the failure of activation programmes to achieve a rapid return to work when they are directed towards the long-term ill. The empirical basis for the paper is an analysis of the outcomes for 691 individuals in Sweden chosen for a reactivation policy programme to shorten their sick leave and increase their chances of returning to work. The outcome at the end of their long-term illness when compared to those not selected for an activation programme shows that the programmes failed both to reduce the length of sick leave or to improve the chance of a return to work. The paper discusses who is chosen for such a programme and the process involved. It also discusses why these programmes are continued although they do not succeed. Two possible reasons are suggested. In an atmosphere of mistrust promoted by the government against those claiming social benefits, one reason is that the programmes help bureaucratic decision-making to legitimise moving large numbers of individuals off the sick rolls and into early disability pensions. This is accomplished by employing activation programmes as ‘sorting mechanisms’. The other reason is that the state provides a degree of flexibility for the employer by producing and funding a secondary labour market for individuals with reduced capacity for work while allowing the employer a chance to escape the constraints of an employment contract. The paper concludes by arguing that re-activation programmes should be viewed as part of a larger transformation of the labour market and as a possible governmental policy mistake in the reformation of the social rights of the dis-able bodied.
Social Security as a Public Interest: A Multidisciplinary Inquiry into the Foundations of the Regulatory Welfare State
Authors: Vonk Gijsbert
Published: March 2017

Why is social security a public interest and how does this reflect on the role of the state? This fundamental question is answered differently by various disciplines. This article gives an overview of an economic, a public administration, a legal and a philosophical viewpoint. It is observed that while social security is strongly associated with the public interest, it is never argued that it is exclusively a state affair. Private arrangements also play a role. With the emergence of the ‘regulatory welfare state’ private and public responsibilities become more intertwined. In order to monitor the success of the regulatory welfare state, it is necessary to be able to measure the extent to which new forms of governance contribute towards realising social security as a public interest. In order to do so, we need, first of all, to gain a deeper understanding of the core principles of social security. These principles should be seen as objectives which should be adhered to whatever choices have been made as to the division of responsibilities between the state and private actors. We also need to gain an understanding of the effects of various regulatory instruments and the way they interact.
Constitutional Limitations of Social Security Privatisation: A Human Rights Approach
Authors: Katrougalos George S.
Published: March 2017

The last thirty years have seen a clear trend in devolution of responsibility for social protection from the State to the private sector. However, the pure form of privatisation, i.e., the absence of any public action in the field of social security, is quite marginal. More widespread are different degrees of ‘functional’ privatization in a framework where networks of multiple welfare providers compete in ‘quasi-markets’. Therefore, the public-private divide should not be conceived anymore in terms of binary logic: There is not a dichotomy, but rather a continuum along the public-private axis. However, the private and public tiers of social security are not functionally equivalent. For instance, only a public, PAYG system can fulfill a redistribution function. Still, at least from the viewpoint of a human rights approach, the most significant danger of unbalanced privatisation is its impact on the protection of social security as a right of social citizenship. A recognition of the normative content of the social right to social security as a fundamental constitutional right is, in this sense, a prerequisite for social citizenship.
Employment Instead of Benefit Receipt? Process and Outcomes of Reassessment of Dutch Disability Benefit Recipients
Authors: Van Der Burg Cathelijne , Prins Rienk
Published: March 2017

In order to restrict the stock of disability benefit recipients in the Netherlands, a substantial re-assessment programme has been carried out on 340,000 persons receiving long term disability benefit. This article presents the background to this measure and describes its implementation and the assessment procedures applied. The analysis discusses the outcomes, regarding the newly-assessed degree of disability as well as client behaviour, such as the further dependency on benefits (e.g. ‘transfer’ to other benefit schemes) or return to the labour market of re-assessed (ex-)beneficiaries. The re-examinations substantially reduced the stock of disability benefit recipients but re-employment targets were not fully reached.
Increasing Roles for Municipalities in Delivering Public Employment Services: The Cases of Germany and Denmark
Authors: Knuth Matthias , Larsen Flemming
Published: March 2017

Literature on labour market policy reforms and, in particular, on ‘activation has tended to treat the ‘state’ or ‘public authorities’ as given actors, no matter how much their roles may change in the process. However, ‘the state’ may have several faces in countries with strong legacies of municipal self-government as well as in countries with a federal constitutional set-up. Taking Denmark and Germany as examples, this article analyses the changing roles of municipalities in the process of ‘activating’ labour market policy reforms. It does so with regard to organisational development in the process of co-locating or even merging municipal with national agencies, the role of social partners in social protection against unemployment and the public employment service, the impact of municipal social assistance in the process of hybridisation of benefit regimes, and the governance conflicts involved when shifting responsibilities for employment services.
Towards a European Pension Policy? The Possible Impact of the European Commission's Green Paper ‘Towards Adequate, Sustainable and Safe European Pension Systems’ on National Pension Strategies
Authors: Reinhard Hans-Joachim
Published: March 2017

The Green Paper provoked angry headlines after fixing 70 as the compulsory retirement age and reducing pension income. This article outlines some ideas and findings for developing pension issues at the EU level and examines possible impacts on national pension systems. The recent financial crisis showed the deficiencies of capital-funded pensions. Discussions at EU levels should to consider unemployment, childcare or taking care of frail persons in achieving adequate pensions. The question arises as to whether earnings-related schemes as main source of income in old age are still feasible. Different taxation of retirement pensions, additional contributions for healthcare, long-term care and the lack of coordination rules for supplementary pensions may impede free movement. Better coordination is needed. EU wide solutions for pension systems seem inevitable in a converging Europe for reasons of social cohesion and competition. There should be a minimum standard for all European citizens in old age that guarantees sufficient financial means, adequate healthcare and access to professional long-term care.
Front-Line Work in Employment Services after Ten Years of New Public Management Reform: Governance and Activation in Australia, the Netherlands and the UK
Authors: Considine Mark , Lewis Jenny M.
Published: March 2017

This study examines the impact of adminstrative reforms upon the work of frontline staff in the employment services of three refrom-oriented countries – Australia, the Netherlands and the United Kingdom. These changes have involved greater use of private agents, more detailed performance contracts, clearer expectations about outcomes for job-seekers, and increased competition between agencies seeking government work. The study compares the work characteristics and strategies of front-line staff in agencies in the three systems in 2008 and a decade earlier, using surveys.

The results show that there are substantial differences in the level of tailoring and investment in these countries. There are three relatively stable modes of governance in these cases and the most stable of these types across countries and across time is what we term the corporate-market mode – more generally labelled New Public Management (NPM). Despite the expectations of theorists and of reformers, the role of network governance proves neither as stable nor as generalised as expected.
Domestic Reconciliation Policies and the Usages of Europe
Authors: Graziano Paolo R. , Jacquot Sophie , Palier Bruno
Published: March 2017

In recent years, European institutions have promoted the development of reconciliation policies in an overall context where most European countries are saying ‘farewell to maternalism’ (Orloff 2006) and are now implementing policies aimed at helping individuals (especially women) to combine paid work and family responsibilities. Is it possible to consider that these changes in national reconciliation policies have been due to EU actions in this policy field and, if so, what are the mechanisms of possible EU influence? In section one, we review the Europeanisation literature in order to situate our own perspective. In the second section, we present our approach in terms of ‘national usages of Europe’. In section three, we come back to the policy content to be analysed, presenting the EU definitions of reconciliation policies, and reviewing the tools we have used to situate each national case of care regimes and reconciliation policies. In the fourth section, we introduce our common hypotheses and the analytical framework that is used in all the articles of this special issue. Finally, in section five, we summarise our main findings.
The Dark Side of the (Pink) Moon. The Role of Europe in the Recent Evolution of Italian Conciliation Policies
Authors: Graziano Paolo R. , Madama Ilaria
Published: March 2017

Conciliation policies have traditionally been very marginal and characterised by limited coherence in the overall employment policy setting of Italy, which is primarily designed to meet the needs and demands of the standard ‘male breadwinner’ model. Nevertheless, over the past ten to fifteen years a number of reforms have addressed conciliation issues in quite a new fashion. The aim of this article is to provide an analysis of the evolution of and changes in conciliation policies in Italy, looking in particular at the ways in which Europe has been used by national policy-makers, i.e. as a point of reference for proposed reforms. After a brief introduction, section 2 offers an overview of the traditional Italian welfare state configuration, and aims to highlight the (limited) effort made within in it to promote the conciliation between paid work and family responsibilities. The third section focuses on recent reforms, in order to assess the extent and dynamics of the changes. Section 4 considers the role played by Europe in domestic policy change, investigating whether and how Europe has been ‘used’ by national political actors to reshape the Italian policy landscape with respect to conciliation policies.
The Europeanisation of Reconciliation Policies in France: Boasting… But Learning
Authors: Jacquot Sophie , Ledoux Clémence , Palier Bruno
Published: March 2017

France has a reputation for having generous family policies and was considered to be a pioneer in ‘reconciliation policies before they even came to be known by this term. Although they were created for other purposes (i.e. education and natalism), French policies indirectly favour women's participation in the labour market. One might thus expect that Europe would not have had a significant influence on French policies, even after the emergence of the reconciliation issue on the European agenda. However, despite conditions that would preclude any EU influence on French family policies (a small ‘misfit’ in the content of the policies, and a reluctance to refer to Europe), we show that family policies have been constantly reformed in France in recent decades in a direction that brings them closer to the EU model. Our approach, which looks at the usage of European resources within the national reform processes, shows how some important actors have seized the opportunities and concepts provided by the EU on reconciliation policies in order to remain central actors at the French level. The introduction of references to Europe has contributed to a reframing of the French debate and policies. Even though natalism is still central to many actors' concerns, the employment rate of women, and to a lesser extent gender equality, have become new driving forces within French family policy.
De-Constructing the Familist Welfare State in Spain. Towards Reconciliation through Europe?
Authors: Rodríguez Ana M. Guillén , Begega Sergio González , García Nuria Moreno-Manzanaro
Published: March 2017

This article assesses the main reform episodes that have taken place in Spain in the field of reconciliation between work and family life. It addresses the different phases of the political reform of reconciliation, tackling the usage of European recommendations, references and standards by the actors involved. The analysis covers the period from the early 1980s to the present. The focus of the article is on assessing how European political resources have been used to shape expectations, positions and strategies in the policy-making process at national level. The Spanish case is of much interest, given the fact that, on the one hand, Spaniards have traditionally been strongly in favour of the European Union and its policies, and, on the other hand, when considering Spain, we are dealing with one of the evident examples of a familistic welfare state in Europe. The article seeks to explain how this apparent contradiction is resolved when taking into account the deeply shared aspiration of both elites and the public to modernise the country, and the prominent role assigned to the EU in this transformation.
When Soft Law Overshadows other European Resources: Portuguese Reconciliation Policies and Usages of Europe
Authors: Zartaloudis Sotirios
Published: March 2017

In the analysis of the usages of Europe in Portuguese reconciliation policies presented in this article, we found a general concordance/temporal sequence between EU and national level developments. In an overall context of limited policy change induced by the EU, the main actors using EU resources were political entrepreneurs: firstly, ministerial elites, and secondly, high-level officials either in government or in the independent bodies for gender equality. These actors used primarily cognitive and financial resources: the European Employment Strategy (cognitive usage), and EU funds (strategic usage), whereas legal resources were not used. Finally, cognitive usage occurred in the beginning of the reform process (the EU was reform initiator) whereas strategic usage took place to support existing goals during the reform process (the EU was reform supporter).
Finnish Policies for Reconciling Work and Family and the Usages of Europe
Authors: Eräranta Kirsi
Published: March 2017

Drawing on the ‘usages of Europe’ approach, this paper examines the Europeanisation of work/family reconciliation policies in Finland, an EU member since 1995. More specifically, the paper analyses the ways in which EU resources have been used by national actors to shape reconciliation policies. The empirical materials consist of Finnish policy texts on the topic published between 1980 and 2009. It is argued that, while Europe has rarely been referred to in the revision of already-established reconciliation policies, i.e. childcare services and family leave benefits, Europe has played an important role in the emergence of new, labour market-oriented reconciliation policies. Although the cognitive and normative inspirations for the shifting of reconciliation to the domain of labour market policy may have come from various sources, the financial and legal resources of the EU have provided Finnish actors with a concrete means of introducing new policy instruments, such as work/family projects in organisations and incentives for the more equal use of parental leave, as well as new economic policy goals. Overall, the goals, domains, instruments, and timing of Finnish reconciliation policies have followed those of the EU.
Reconciliation Policy in the Czech Republic and the EU: From Neglect to Rejection
Authors: Sirovátka Tomáš , Bartáková Helena Tomešová
Published: March 2017

In this paper we focus on the role of Europe in developing reconciliation policies in the Czech Republic from 1989 until 2009, with emphasis on the period before and after EU accession. We analyse the development of reconciliation policies like caring services, maternity and parental leave, and support for flexible working regimes, with a particular focus on the EU's influence. Finally, we discuss how the Czech case appears in relation to the ‘world of compliance’ with the EU. We argue that compliance with the EU has been rather weak: politicians and policy makers have preferred to continue in the pattern of re-familialism established mainly during the first transformation period (‘World of Domestic Politics’). When confronted with the increasing pressure of the ‘softness’ of the Open Method of Coordination (OMC), Czech decision-makers have turned their backs on them (‘World of Rejection’). They have used Europe as a cognitive resource and rarely as a legitimating resource and have been very selective in searching for policies compatible with their preferences. Our study confirms the relevance of the misfit hypothesis, while the ‘joining the club effect’ has brought no more than formal adoption of soft legislation.
Entitlement to Socially-Covered Health Care vs. Priority Setting: ECJ'S Decomposition of the NHS?
Authors: Sokol Tomislav
Published: March 2017

The European Court of Justice has, in just over a decade, developed considerable jurisprudence on persons accessing health care in EU Member States in which they are not socially protected. The approach is centred on the individual patient's entitlement to receive the best possible health care to alleviate his/her medical problem anywhere in the EU. However, this has created serious problems regarding the balance of basic principles governing the English NHS, and the free movement principle of EU law.

The aim of the paper is to analyse the English case-law on entitlement to socially-covered health care and see if suggestions for a more balanced EU regime on patient mobility can be made. The analysis of the English case-law demonstrates that decisions on entitlement to health care are focused on limited resources and making priority decisions at the local level. The investigation of the Court of Justice jurisprudence shows that the Court gives priority to individual patients' needs and entitlements, while disregarding limited resources and priority decisions. On the basis of these findings, the paper proposes a more balanced course of action by the Court of Justice, taking into account the logic of the English courts.
Welfare as a Means for Political Stability: A Law and Society Analysis
Authors: Svensson Måns , Urinboyev Rustamjon , Åström Karsten
Published: March 2017

There have been extensive discussions in academic circles of why some countries develop into welfare states while others do not. Two main factors mentioned in these discussions are economic growth and the need for political stability. In these discussions, the example of Sweden, where the welfare state allegedly emerged from a ‘culture of consensus’, has often been treated as an historic exception. In this article we discuss the relevance of the two main factors suggested in the literature, and investigate whether Sweden is a rare case of a country where welfare arose out of a culture of consensus or if welfare in Sweden emerged as a product of strategies that aimed at promoting political stability, and thereby followed a similar pattern to other Western European countries. In undertaking this task, we have conducted a review of the literature and used Migdal's ‘state-in-society’ perspective and the ‘institutional approach’ as a theoretical framework. Our results can be summarised under three headings: (a) until the mid-twentieth century, Sweden was a highly unstable, conflict-ridden class society, and thereby a followed similar pattern to other Western European countries; (b) welfare reforms in Sweden were introduced as a means of addressing political and social instability; (c) Sweden is therefore no exception to the theory that deep political crises trigger welfare reforms.
Partially Disabled Employees: Dealing with a Double Role in the Netherlands
Authors: Van Wel Frits , Knijn Trudie , Abma Ruud , Peeters-Bijlsma Mira
Published: March 2017

In 2006 new social policy legislation was introduced in the Netherlands, under which employees with chronic health problems may be allocated a ‘double identity’, being assessed simultaneously as partly sick and partly able to work. Employees in this situation receive a proportion of disability benefit according to their assessed loss of earning capacity and are required to engage in paid work in order to earn an income over and above this. Our central research question is: Which factors elicit the labour market participation of these partially disabled employees? This article reports results from a survey of 772 partially disabled employees. We analyse our data using structural equation modelling and find that labour market participation of partially disabled employees is particularly strongly associated with perceptions of their capability to work and of their chances of returning to work. The results are considered in relation to Parsons' (1951) classical theory of the sick role and are elaborated on the basis of Sen's (1993, 1999) conceptualisation of capability.
The Contested Value of International Social Security Standards in the European Union
Authors: Dijkhoff Tineke
Published: March 2017

Because social security is one of the policy areas that belongs to the exclusive competence of the EU Member States, normative EU legislation in this field is lacking. In an attempt to limit disparities in social protection within the EU, the European Commission advocated the acceptance of international (minimum) social security standards by accessing states before they entered the EU. At the same time, these international standards are being criticised: they are regarded as outdated and lacking legal power, and therefore not useful to modern European countries. This ambiguous position in respect of the standards calls for an investigation into their (ir)relevance for the European Union on the basis of actual cases. This article will first give an overview of the different standards. Then, their position within the EU and their impact on national social security provisions will be discussed on the basis of case studies. Problematic issues arising from the case studies will be analysed to determine whether the problems confirm the criticism that the international standards are not suitable for well-developed welfare states. Finally, conclusions will be drawn on the value of the international standards for the EU.
Child Maintenance Policies in the United States
Authors: Meyer Daniel R.
Published: March 2017

This article describes US child maintenance policy, providing an overview of the scheme in place and how it is working. US child maintenance policy is difficult to describe. On some issues, there is a unified national policy, whereas for others there are separate schemes in each state. For example, in nearly every state, child maintenance obligations follow a principle of continuity-of-expenditure, with obligations set to try to force non-resident parents to spend as much on their children as if they lived with them. However, the precise elements of the formula used to calculate these obligations differ across the states. Further, there is substantial variation in whether (and how) new families affect the obligation, and how situations in which children spend substantial portions of time with each parent are treated. Once the obligation is in place, however, the collection, monitoring, and enforcement system is relatively similar across states, with most states having the same enforcement tools. Key areas of difficulty for the child maintenance system are non-resident parents who have had children with multiple partners, low-income non-resident parents, and responding to cases in which the non-resident parent is in prison.
Child Maintenance Policies in Iceland: Caring Mothers and Breadwinning Fathers
Authors: Eydal Guðný Björk , Friðriksdóttir Hrefna
Published: March 2017

Iceland is one of the Nordic countries that are known for their extensive welfare states. Like the other Nordic countries, Iceland has a child maintenance regime, dealing with issues such as allocation of responsibility, assessment of the level of obligation, and the payment and collection of child maintenance. In contrast to the other Nordic countries, the development of child and family law, and changes in family forms, have only been taken into consideration to a very limited extent when it comes to the child maintenance regime in Iceland. The system, which has remained basically unchanged since it was established in 1946, requires non-resident parents to pay a specified minimum amount to the parent with care, regardless of circumstances, such as their financial situation or the level of contact they have with their children. This article examines the characteristics of the child maintenance regime in Iceland by looking at how maintenance payments are assessed for families in different situations. Current debates about the contemporary system are also discussed and a proposal for substantial changes, which is currently under consideration, is briefly considered.
Children's Rights and Parents' Responsibilities: Child Maintenance Policies in Finland
Authors: Hakovirta Mia , Hiilamo Heikki
Published: March 2017

Child maintenance schemes differ substantially from each other in terms of underlying philosophy, structure, rules and organisation, and in particular, in their very different outcomes. In Finland the principle is that every child has the right to be adequately provided for and that child maintenance is the right of the child. The main policy focus is on shared parenting and the emphasis in the scheme on contact between the child and the non-resident parent emerged in the 1980s. Furthermore, supporting children is seen as a collective responsibility, and this means that at least part of the maintenance is normally guaranteed by the state if the non-resident parent does not pay maintenance. Guaranteed maintenance also covers children without non-resident parents. Calculations show that the maintenance determination guidelines operate on the basis of equality, as both parents are held to be responsible for the child's maintenance in accordance with their abilities, regardless of custody and residence arrangements. Still, the records on overdue maintenance payments and maintenance debts indicate that non-compliance remains a problem in Finland.