Frans Pennings - Böcker

This book addresses a topic that is currently high on the agenda in many fora: how to specify and secure a social minimum. The term ‘social minimum’ has different meanings, depending on the context. These contexts are examined in this book from different perspectives, including law, sociology, philosophy, politics and economics. In the first part, the social minimum is discussed from a conceptual and theoretical point of view. The second part shows the various ways in which the social minimum can be specified and measured. There is a need for new indicators that take into account, for instance, aspects of adequate social participation. As this part shows, the choice of indicators is closely intertwined with political choices.The third part approaches the social minimum from the perspective of legal obligations, addressing the nature of different obligations imposed on individuals and states. The fourth part deals with the question of social minimum in the context of courts, adjudication and justiciability. The role of international treaties and national constitutions – the interpretation of the rights they enshrine and the way these are dealt with by expert committees and courts – is discussed with a view to understanding how the guarantee of a social minimum can be promoted within individual countries. Besides being of interest for academics in fields ranging from legal theory and human rights to the social sciences, the book also serves as an important source for students as well as practitioners interested in the social minimum, and anyone who wants to gain an insight into the current debates on this extremely important issue.

This book addresses a topic that is currently high on the agenda in many fora: how to specify and secure a social minimum. The term ‘social minimum’ has different meanings, depending on the context. These contexts are examined in this book from different perspectives, including law, sociology, philosophy, politics and economics. In the first part, the social minimum is discussed from a conceptual and theoretical point of view. The second part shows the various ways in which the social minimum can be specified and measured. There is a need for new indicators that take into account, for instance, aspects of adequate social participation. As this part shows, the choice of indicators is closely intertwined with political choices.The third part approaches the social minimum from the perspective of legal obligations, addressing the nature of different obligations imposed on individuals and states. The fourth part deals with the question of social minimum in the context of courts, adjudication and justiciability. The role of international treaties and national constitutions – the interpretation of the rights they enshrine and the way these are dealt with by expert committees and courts – is discussed with a view to understanding how the guarantee of a social minimum can be promoted within individual countries. Besides being of interest for academics in fields ranging from legal theory and human rights to the social sciences, the book also serves as an important source for students as well as practitioners interested in the social minimum, and anyone who wants to gain an insight into the current debates on this extremely important issue.

This book provides for a comprehensive overview of the various areas of European labour law: fundamental rights, free movement of workers and posting, equal treatment, a-typical forms of employment, collective bargaining and collective agreements, restructuring of enterprises and health and safety. The chapters are written by eminent experts from a considerable number of EU Member States. Most of them are written by two authors from different Member States.As a result of this duo-authorship the book does not approach European labour law from a single country perspective, but intends to give insight in the different ways European labour was received and implemented in the various Member States.The book does not only describe the current state of affairs, but also critically assesses how the interaction of EU legislature, Court of Justice, Member States and social partners has contributed to the development of EU labour law. As such, it is not only a comprehensive introduction to European labour law, but provides also food for thought as part of advanced study in this area.This handbook, dealing with all important areas of labour law, written from several perspectives by experts, but within a restricted number of pages, is therefore also excellent study material for master programmes of European labour law.With contributions by Edoardo Ales (University of Naples Parthenope, Italy), Mark Bell (Trinity College Dublin, Ireland), Niklas Bruun (Hanken School of Economics, Finland), Mijke Houwerzijl (Tilburg University, The Netherlands), Teun Jaspers (Utrecht University, The Netherlands), Sylvaine Laulom (Universite Lumiere Lyon 2, France), Antonio Lo Faro (University of Catania, Italy), Pascale Lorber (University of Leicester, United Kingdom), Ann Numhauser-Henning (Lund University, Sweden), Frans Pennings (Utrecht University, The Netherlands), Saskia Peters (University of Groningen, The Netherlands), Jan Popma (Dutch Labour Inspectorate, The Netherlands), Sophie Robin-Olivier (Universite Paris 1 Pantheon-Sorbonne, France) and Herwig Verschueren (University of Antwerp, Belgium).

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.

The Maastricht Treaty of 1992 introduced the right to free movement for EU citizens. Despite this, in practice there are still substantial barriers to securing these freedoms. EU Citizenship and Social Rights discusses and analyses those legal and practical barriers preventing inter-European migrants from integrating into new host countries. 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

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.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.