European social security law
Publisher: Intersentia
Published: 2010
Place of publication: Antwerp
Language: eng
Format: Hardcover
Number of pages: 300
Table of contents: title: Table of Contents; title: Preface; title: Abbreviations; title: PART I          CO-ORDINATION; title: 1.				Introduction to the Concept of  Coordination; title: 1.1				General; title: 1.2				The Territoriality Principle; title: 1.3				A Definition of Co-ordination; title: 1.4				Tasks of a Co-ordination Instrument; title: 1.4.1			Solving Conflicts of Law; title: 1.4.2			Prohibition of Discrimination on the Basis of Nationality; title: 1.4.3			Territorial Requirements for Acquiring Benefit Rights; title: 1.4.4			Territorial Requirements for Payment of Benefit; title: 2				The Institutional Context of Regulation 883/2004; title: 2.1				The Requirements for Deciding on a Coordination Regulation; title: 2.2				The Court of Justice; title: 2.3				The Legal basis for the Co-ordination Regulation; title: 2.4				 Article 48 TFEU Directly applied in Coordination Cases; title: 2.5				A Very Short History of the Coordination Regulations; title: 2.6				The Structure of Regulation 883/2004; title: 3				The Conditions for Applicability of Regulation 883/2004; title: 3.1 				Introduction; title: 3.2				The Facts of the Case Must not be Restricted to One Member State; title: 3.3				The Territorial Scope of Regulation 883/2004; title: 4 				The Personal Scope of Regulation 883/2004; title: 4.1				Introduction; title: 4.2				A Historical Overview of the Personal Scope of Regulations 3 and 1408/71; title: 4.3				The Personal Scope of Regulation 883/2004; title: 4.3.1			Introduction; title: 4.3.2			The Requirement of being subject to the Legislation of a Member State; title: 4.3.3			The Nationality Condition; title: 4.3.4			Stateless Persons and Refuges; title: 4.4				Third Country Nationals are covered by a separate Regulation; title: 4.5				Members of the Family and Survivors; title: 5.				The Material Scope of Regulation 883/2004; title: 5.1.				Introduction; title: 5.2.				The Term Legislation and the Exclusion of Contractual Schemes; title: 5.3.				The Classification of Benefits; title: 5.3.1 			Introduction: a Limited Material Scope; title: 5.3.2			The Criteria for Classifying Benefits; title: 5.3.3			The Coverage of Benefits which form Part of Schemes outside the Material Scope and the Coverage of  Schemes containing Rules not related to Social Security Benefits; title: 5.3.4			Taxation and the Coordination Regulation; title: 5.3.5			Liability of Employers and the Scope of the Regulation; title: 5.4				Benefits for Victims of War or its Consequences; title: 5.5.				Social and Medical Assistance; title: 5.6.	 			Special Non-Contributory Benefits; title: 5.6.1			The Provisions Relevant to the Special Non-contributory Benefits; title: 5.6.2			The Interpretation of the Word ‘Reside’; title: 5.6.3			The Qualification as Special Non-contributory Benefit; title: 5.6.4			Revision of the Annex as a result of the Leclere judgment; title: 5.6.5			Non-exportability of the Special Non-contributory Benefits and Free Movement; title: 6 				The  Rules for Determining the Legi¬sla¬tion Appli¬cable; title: 6.1				Introduction; title: 6.2				The Main Characteristics of the Rules for Determining the Legislation Applicable; title: 6.2.1			The State of Employment Principle; title: 6.2.2			The Exclusive Effect of the Rules for Determining the Legislation Applicable; title: 6.2.3			The Binding Effect of the Rules for he Rules for Determining the Legislation Applicable; title: 6.2.4			The Practical Effect Doctrine; title: 6.2.5			The Inescapability of the Rules for Determining the Legislation Applicable; title: 6.2.6			Special Rules for Determining the Legislation Applicable for Specific Benefits; title: 6.3				The Legislation Applicable for Persons who working in one Member State only; title: 6.4				The Legislation applicable for Persons who ceased working; title: 6.4.1			The Case Law under Regulation 1408/71; title: 6.4.2			Regulation 883/2004 and Post-active Persons; title: 6.5				The applicable Rules for Unemployed Persons; title: 6.6				The applicable Rules for Non-active Persons6.6; title: 6.7				Persons working simultaneously in Two or More Member States; title: 6.7.1			Working as an Employee in Two or More member States; title: 6.7.2			Working as a Self-employed Person in Two or More Member States; title: 6.7.3			Working in one State as Employed Person and in the Other State  as Self-employed; title: 6.8				The Legislation applicable to Civil Servants; title: 6.9				The Rules applicable to  special Non-Contributory Benefits; title: 6.10				The Co-ordination System for Compulsory and Voluntary Insurance; title: 6.11				Persons Working Outside the Territory of the EU; title: 6.12				Transitional Rules; title: 7				Posting; title: 7.1				Posting of Employees; title: 7.1.1			Conditions for Posting; title: 7.1.2			Posting by an Agency for Temporary Work; title: 7.1.3			Posting and Social Dumping; title: 7.2.				Posting of Self-Employed Persons; title: 7.3				The Relevance of a Posting Certificate; title: 7.4				The Small Border Line between Posting and Working Simultaneously in Two Countries; title: 7.5				Agreements on the Basis of Article 16; title: 8				The Non-discrimination and Assimilation Provisions of Regulation 883/2004; title: 8.1				Introduction; title: 8.2				Article 4 of Regulation 883/2004; title: 8.3				Assimilation  of Receipt of Benefit, Events and Facts  (Article 5); title: 8.4				Waiving of Residence Conditions  (Article 7); title: 8.5				Aggregation of Periods (Article 6); title: 8.6				The General Rules against Overlapping; title: 9 				The Non-discrimination Provision of Regulation 1612/68; title: 9.1				Introduction; title: 9.2				The Personal Scope; title: 9.2.1			Workers; title: 9.2.2			Members of the Family; title: 9.3				The Material Scope; title: 9.4				The Non-Discrimination Provision; title: 9.5				The Relationship between Regulation 1408/71 and Regulation 1612/68; title: 10.				Non-Discrimination and Free Movement Provisions of the Treaty; title: 10.1				General; title: 10.2				Article 45 TFEU: Prohibiting Discrimination on the Ground of Nationality; title: 10.3				Article 45 TFEU: Obstacles to Free Movement are not allowed; title: 10.4				Article 49 TFEU and Equal Treatment of the Self-employed; title: 10.5				Article 21: European Citizenship; title: 10.6				Overview of the Relation between Regulation 883/2004, Regulation 1612/68 and Article 18 TFEU; title: 11. 				Sickness  Benefits; title: 11.1.			The Meaning of the Term Sickness Benefit; title: 11.2.			The Distinction between Benefits in Cash and Benefits in Kind; title: 11.3				benefits in Cash; title: 11.3.1		Aggregation Rules; title: 11.3.2		Benefits in cash are exportable; title: 11.3.3		Claiming and Supervision Procedures; title: 11.4.			Benefits in Kind for Persons not residing in the Competent State; title: 11.4.1		Persons not residing in the competent State; title: 11.4.2. 	Members of the Family of Frontier Workers; title: 11.4.3		Retired Frontier Workers; title: 11.4.4  	The Relation between Independent and Derivative Rights; title: 11.4.5 		Pensioners and Members of the Family; title: 11.4.6.		Levying Contributions on Pensioners; title: 11.4.7 		Coordination of Care Insurance Benefits in case of Overlapping of Benefits in Kind and Benefits in Cash; title: 11.5				Stay outside the Competent State: Benefits which become necessary; title: 11.6				Planned Care; title: 11.6.1		Planned Care and Authorisation; title: 11.6.2		Obtaining Planned Care without Authorisation on the Basis of the Treaty; title: 11.6.3		The Draft Directive on Patients’ Rights in Cross-border Healthcare; title: 11.7				Reimbursement Rules; title: 12. 				Old-Age and Survivors' Pensions; title: 12.1.			Introduction; title: 12.2.			Aggregation of Periods; title: 12.3				Calculation of the Amount of  Benefits; title: 12.3.1		Calculation of the Independent Benefit; title: 12.3.2.		The Pro-rata  Benefit; title: 12.3.3.		Comparison of Independent and pro-rata Benefits; title: 12.4				The History of the Community Rules to Prevent Overlapping: the Petroni case law; title: 12.5.			The Present Rules to Prevent Overlapping:; title: 12.5.1		Introduction; title: 12.5.2		General Principles; title: 12.5.3		Overlapping of Benefits of the Same Kind; title: 12.5.4		Overlapping of Benefits of a Different Kind; title: 12.6	.			Recalculation of Benefits; title: 12.7			Removing Effects of Differing National Schemes; title: 12.8				Periods Completed before the Coming into Force of the Regulation; title: 12.9.			The Relationship between International Conventions; title: and the Regula¬tion; title: 12.10 		The Co-ordination of Supplementary Pensions; title: 12.10.1	General; title: 12.10.2	Directive 98/49 on Safeguarding the Supplementary Pension Rights of Employed and Self-employed Persons moving within the Community; title: 12.10.3  	Proposal for a directive on improving the portability of supplementary pension rights; title: 12.10.4	Conclusion; title: 13. 				Invalidity Pensions; title: 13.1.			Introduction; title: 13.2.			Aggregation Rules; title: 13.3				A Person has been exclusively subject to Type A Schemes; title: 13.4.			A Person has been Subject to at least one Type B Scheme; title: 13.4.1		Determining the Incapacity for Work; title: 13.4.2.		Fiction of Insurance; title: 13.4.3		The  Calculation of the Amount; title: 13.5				Recalculation of Benefits; title: 13.6				Transition of Invalidity Benefits to Old-age Benefits; title: 13.7				The Problem of Differences in Waiting Periods; title: 13.8				Benefits for Accidents at Work and Occupational Diseases; title: 13.9				Special Non-contributory Benefits for Invalidity; title: 14. 				Family Benefits; title: 14.1				Introduction; title: 14.2				Which Benefit Level: that of the State of Employment; title: or Residence?; title: 14.3				Competent State and Overruling of Residence Requirements; title: 14.4				Priority rules; title: 14.4.1		Introduction; title: 14.4.2		Differential supplements; title: 15. 				Unemployment Benefits; title: 15.1.			The Term Unemployment Benefits; title: 15.2.			Overview of the System of Coordination of Unemployment Benefits; title: 15.3.			The Unemployed Person resides in the Competent State; title: 15.4.			Frontier workers; title: 15.4.1		Introduction; title: 15.4.2		The definition of Frontier Workers; title: 15.4.3.		The Wholly Unemployed Frontier Workers; title: 15.4.4		Partially Unemployed Frontier Workers; title: 15.4.5		The  Frontier Worker Moves to the State of last Employment; title: 15.5				Persons Other than Frontier Workers who do not Reside in the Competent State; title: 15.5.1		The Criteria for Qualification as  Non-frontier Worker; title: 15.5.2		The Applicable Unemployment Benefits Scheme for Non-frontier workers; title: 15.6				Atypical Frontier Workers; title: 15.6.1		The Miethe Judgment; title: 15.6.2		Is the Miethe judgment still relevant under Regulation 883/2004?; title: 15.6.3		The Proposal for Modernisation; title: 15.7				Reimbursement rules; title: 15.8				The Calculation of Unemployment Benefit; title: 15.9. 			Export of Unemployment Benefits; title: 15.9.1		The Conditions for Export; title: 15.9.2		The Powers to Extend the Export Period; title: 15.9.3		The Loss of Remaining Benefit Rights in case of a Late Return; title: 15.9.4		The Present Rules; title: 15.9.5		Frontier Workers and Export of Benefit; title: 16.	 			The Relation between  Regulation 883/2004 and  Bilateral Treaties; title: 16.1.			Introduction; title: 16.2.			Infringement on Social Security Advantages Acquired; title: on the Basis of International Treaties; title: 17.				EU Agreements with Third Countries containing Coordination Provisions; title: 17.1 			The Euro-Mediterranean Association Agreements; title: 17.2.			Decision 3/80 of the Association Council EC-Turkey; title: 18.		 		Some Conclusions on the Development of Co-ordina¬tion; title: Law; title: 18.1				The Impact of the Coordination Regulation; title: 18.2.			Simplification and Modernisation; title: 18.3				Conclusions; title: 19. 				A Brief Overview of Non-EU Co-ordination Instruments; title: 19.1				Conventions of the International Labour Organisation; title: 19.2				Conventions of the Council of Europe; title: PART II 	SOCIAL POLICY; title: 20. 				Social Policy Instruments of the European Union; title: 20.1				General: the Power of the EU to take Social Policy Initiatives; title: 20.2				The Subsidiarity Principle; title: 20.3				The Instruments of Title XI to take on Social Policy Measures; title: 20.4		  		The Open Method of Coordination; title: 21 				Equal Pay for Men and Women: Article 157 TFEU; title: 21.1.			Introduction; title: 21.2.			Article 157 and Occupational Pensions; title: 21.3.			Limitation of the Temporal Effect of the Barber Judgment; title: 21.4.			Limitation in Time in the Case of Widowers’ Pensions; title: and  Age Discrimination; title: 21.5.			Retroactive Effect in Other Cases of Unequal Treatment; title: 21.6.			The Meaning of the Term ‘Pay’; title: 22. 				Equal Treatment of Men and Women in Statutory Social Security: Directive 79/7; title: 22.1. 			Introduction; title: 22.2. 			The Personal Scope of Directive 79/7; title: 22.3.			The Material Scope of Directive 79/7; title: 22.4.			The Relationship of Directive 79/7 to Article 157 TFEU; title: 22.5. 			The Equal Treatment Rule of Directive 79/7; title: 22.5.1.		Introduction; title: 22.5.2		The Direct Effect of Directive 79/7; title: 22.5.3.		Prohibition of the Effects of a Former Discriminatory Rule; title: 22.5.4. 	Procedural Limitations for Realising Equal Treatment; title: 22.5.5. 	Indirect Discrimination; title: 22.5.6.		The Article 7 Exception; title: 22.6.			Conclusion; title: 23.			 	Equal Treatment of Men and Women: The; title: Other Directives; title: 23.1.			Directive 86/378; title: 23.1.1.		Introduction; title: 23.1.2.		The Personal Scope of Directive 86/378; title: 23.1.3.		The Material Scope of Directive 86/378; title: 23.1.4.		The Principle of Equal Treatment in Directive 86/378; title: 23.1.5.		The Exceptions to the Principle of Equal Treatment; title: 23.2.			Directive 86/613: Equal Treatment of the Self-employed; title: 23.2.1.		Introduction; title: 23.2.2.		The Personal Scope of Directive 86/613; title: 23.2.3.		The Material Scope of Directive 86/613; title: 23.2.4.		The Principle of Equal Treatment; title: 23.3.			Proposal for a Directive Completing; title: the Principle of Equal Treat¬ment; title: 23.3.1.		Introduction; title: 23.3.2.		The Personal Scope of the Draft Directive; title: 23.3.3.		The Material Scope of the Draft Directive; title: 23.3.4.		The Principle of Equal Treatment; title: 24.				Towards a Social Europe?; title: Bibliography; title: Table of cases; title: Index on cases; title: Subject index