Frans Pennings – författare

Providing analysis of the development of EU social policy, this book highlights the disparate roles of the EU as a whole and of Member States in determining social rights and outcomes. In particular the issues of social assistance, housing benefits, study grants and health care are examined. In addition, the authors discuss the discrepancy between the social rights granted to workers and social rights granted to non-worker migrants, as well as the barriers facing minority groups like the Roma, which highlight issues in the development of EU social policy for migrants.

This book will be a vital resource for students of European law as well as public and social policy. EU policy makers will also benefit from reading this, with its practical and theoretical suggestions for ways in which social policies may be amended to the benefit of EU citizens.

Contributors include:; N. Absenger, F. Blank, P. Brown, C. Bruzelius, H. Dean, K. Hyltén-Cavallius, C. Jacqueson, P. Martin, F. Pennings, P. Phoa, L. Scullion, M. Seeleib-Kaiser, S. Stendahl, O. Swedrup, A.M. Swiatkowski, M. Wujczyk

Chapters analyse contemporary debates through a range of perspectives, critically examining crucial dimensions of European social security law. These dimensions include social security as a human right, minimum standards, protection of mobile persons, and European social security law in a global context. Through this exploration, new challenges and further lines of research are identified, providing a source of inspiration for the development of this fundamental field of law.

Covering a breadth of topics and research, scholars and academics alike will find this Research Handbook to be an invaluable source of information. Lawyers and policy makers will also benefit from the up-to-date guide to the various fields of European social security.

Since 1945, socially moderated market economies have formed the cornerstone of the European socioeconomic model. Now, however due to powerful global economic, political and demographic tendencies tensions between social and economic interests and values are increasing. These developments create an urgent need for answers, actions and measures on the European level.

This wide-ranging but focused collection of essays approaches this important trend from multiple perspectives. Compiled in honour of the major European labour law scholar Teun Jaspers, it encompasses a broad spectrum of analyses and insights by forty-one distinguished contributors from seven countries. Four major tensions are identified: between the European and national level, between fundamental rights and economic freedoms, between workers and employers, and between soft and hard law instruments. Throughout, a comparative approach is emphasized, not only within the EU but also between the EU and China and South Africa. Among the many topics covered are the following:

In light of the Lisbon strategy, the authors address how the various tensions should be reconciled, especially in the context of the flexicurity approach.

The book will be of great interest to academics and practitioners for its clear categorization of the issues which must be overcome when regulating employment and social policy in the context of today’s EU multilevel legal order. It pays detailed attention to the legal questions raised by emerging European labour and employment policies in respect of their specific materialization, the opportunities they offer, their feasibility, and the threats they pose to traditional worker’s protection and, more generally, to traditional concepts of labour law.

Whether or not we ever attain universal social justice, there can be little doubt that the international community has set meaningful standards, and that significant progress has been made over the last century. The leading standard-setter throughout this period has been the International Labour Organisation (ILO), with its nearly 200 conventions on labour law and social security law. Yet it is often asked: how effective are these standards? Do any lLO Member States actually offer (to quote the Philadelphia Declaration of the ILO Conference of 1944) social security measures to provide a basic income to all in need of such protection and comprehensive medical care? Perhaps not, but some come close, thanks to the application of ILO standards.

This much-needed volume is the first detailed analysis of the legal meaning of ILO conventions within the ratifying Member States. In unprecedented depth a panel of distinguished authorities explores the role of ILO conventions in preparing and amending national legislation, in parliamentary debate, and in national case law. For comparative purposes, five countries the United Kingdom, France, Germany, Spain, and the Netherlands-are studied in depth. Among the points of discussion that arise are the following:

A useful annex reprints the texts of the ILO Constitution and the so-called up-to-date conventions pertaining to social security which are currently being promoted for ratification by the ILO.

At a time when the very meaning of such terms as work and social security is being challenged by prevailing economic and political forces, this full-scale reappraisal of a body of international law that, although soft, has had a pronounced positive effect on the progress of social justice is to be welcomed. It is well worth the close attention of government policymakers and regulators, company lawyers, and interested academics everywhere.

More and more social security systems influence each other. Governments, policy makers and academics have become very interested in the way various social security systems approach particular problems, such as an ageing society and the policy to reintegrate recipients of social security benefits back into the workforce. For this purpose a profound description and analysis of the legal aspects of the Dutch social security system is very useful. This monograph provides this information.

Moreover, this book describes the Dutch system from an international perspective: it discusses the impact of ILO Conventions, Conventions of the Council of Europe and EU regulations and directives on the Dutch social security system. In this way it shows which impact international law has had on the Dutch system. This contributes to more insight on the meaning of international social security law on this particular system, and it also contributes to the general knowledge of the impact international law has on the national social security law.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book describes the social security regime in the Netherlands. It conveys a clear working knowledge of the legal mechanics affecting health care, employment injuries and occupational diseases, incapacity to work, pensions, survivors’ benefits, unemployment benefits and services, and family benefits. The analysis covers the field of application, conditions for entitlement, calculation of benefits, financing, the institutional framework, and relevant law enforcement and controls. Allowances for retirees, employees, public sector workers, the self-employed, and the handicapped are all clearly explained, along with full details of claims, adjudication procedures, and appeals.

Succinct yet eminently practical, the book will be a valuable resource for lawyers handling social security matters in the Netherlands. It will be of practical utility to those both in public service and private practice called on to develop and to apply social security law and policy, and of special interest as a contribution to the comparative study of social security systems.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book describes the social security regime in the Netherlands. It conveys a clear working knowledge of the legal mechanics affecting health care, employment injuries and occupational diseases, incapacity to work, pensions, survivors’ benefits, unemployment benefits and services, and family benefits. The analysis covers the field of application, conditions for entitlement, calculation of benefits, financing, the institutional framework, and relevant law enforcement and controls. Allowances for retirees, employees, public sector workers, the self-employed, and the handicapped are all clearly explained, along with full details of claims, adjudication procedures, and appeals.

Succinct yet eminently practical, the book will be a valuable resource for lawyers handling social security matters in the Netherlands. It will be of practical utility to those both in public service and private practice called on to develop and to apply social security law and policy, and of special interest as a contribution to the comparative study of social security systems.

In recent decades, the EU regulations on coordinating social security have acquired vital importance. This book gives a clear overview of the main features and main developments of this significant area of EU law.Since 1 May 2010, when Coordination Regulation 883/2004 came into force, important cases have been decided by the Court of Justice. These judgments interpreted several provisions of the Regulation and clarified the impact that other instruments, such as the Treaty on the Functioning of the European Union, Directive 2004/38 and the Charter of Fundamental Rights, have had on coordination issues.In December 2016, the European Commission proposed a radical revision of several of the chapters of the Regulation. To date, this proposal has not been adopted and the prospects for its adoption are bleak. In view of the continuous stream of judgments of the Court of Justice, an up-to-date overview of the Regulation and the case law is both timely and essential. This book delivers on this objective and, in addition, discusses the proposed revisions carefully, as well as analyses their background and effects. The book also examines the main non-discrimination provisions relevant to social security and important social policy instruments, such as the Open Method of Coordination, the Social Pillar and the Charter of Fundamental Rights.This is the seventh edition of this authoritative handbook and is important reading for students, academics and practitioners alike. FRANS PENNINGS is Professor of Labour Law and Social Security Law at Utrecht University, the Netherlands.