Social Europe Series – serie

The position of non-EU migrants in social security is problematic. Many European states reduce access to social benefits for categories of migrants whose presence is not desired. At the same time the scope of application of the national systems is becoming more confined to the national borders, as, for example, countries take measures to reduce the exportability of benefits. These two trends of exclusion and retrenchment particularly affect irregular immigrants and persons moving between Europe and developing countries who are not protected by any bilateral social security agreements. The background of these trends can be traced back to the way social security interacts with immigration and civic integration policies. This book addresses this interaction and contains contributions on the social security position of irregular migrants, on the reception of asylum seekers, on income requirements in immigration law, on civic integration, on informal social security protection of formally excluded migrants and on social protection and voluntary return. These separate contributions lead to an overall analysis on the position of excluded migrants.Knowing that the exclusion of certain immigrants from social security is legitimate from the point of view of national policies or even from the point of view of the logics of social security itself, what alternative strategies can be developed in order to give protection to excluded migrants without undermining these policies and logics?

This book explores the complicated relationship between the EU legal framework for posting of workers and collective labor law. It examines this topic from the perspective of EU law and of international labor law. In doing so, the book builds upon a solid interdisciplinary foundation, which looks at sociological and economic aspects of the posting phenomenon, also taking into account issues related to industrial relations. However, the immediate focus is on the creation and evolution of the said EU legal framework. Hence, the book provides an in-depth analysis of the drafting process of the Posting of Workers Directive (96/71), as well as an exhaustive examination of the case law of the Court of Justice of the EU dealing with posting of workers. This evolving legal framework is subsequently considered in its broader context, with two tensions identified. On the one hand, the book investigates the growing conflict between the EU framework for posting of workers and the international protection of social rights. It argues that, with regards to the relationship at stake, the EU is presently violating the standards set by the Council of Europe and by the International Labor Organization. On the other hand, the book critically considers the impact of the trend towards decentralization of collective bargaining on the application of collective agreements to posted workers. In particular, it analyzes the so-called "New Economic Governance" of the EU, and its role in fostering such a trend. The book outlines the far-reaching implications of the lack of coherence between the action of the EU institutions involved in the "New Economic Governance" and the case law of the Court of Justice dealing with posting of workers. (Series: Social Europe - Vol. 33) [Subject: European Law, Labor Law, International Law, Comparative Law]

This volume considers the important and timely question of criminal justice as a method of addressing state violence committed by non-democratic regimes. The book's main objectives concern a fresh, contemporary, and critical analysis of transitional criminal justice as a concept and its related measures, beginning with the initiatives that have been put in place with the fall of the Communist regimes in Europe in 1989.The project argues for rethinking and revisiting filters that scholars use to interpret main issues of transitional criminal justice, such as: the relationship between judicial accountability, democratisation and politics in transitional societies; the role of successor trials in rewriting history; the interaction between domestic and international actors and specific initiatives in shaping transitional justice; and the paradox of time in enhancing accountability for human rights violations. In order to accomplish this, the volume considers cases of domestic accountability in the post-1989 era, from different geographical areas, such as Europe, Asia and Africa, in relation to key events from various periods of time. In this way the approach, which investigates space and time-lines in key examples, also takes into account a longitudinal study of transitional criminal justice itself.

The European economic unification has come about without any adjusting or accompanying economic and social policies. Its effects on social and human relations go far beyond the economic and commercial domains. This book discusses the changes that are apparent at three levels: the primary economic level, the social level and the general or societal level.

This book discusses the issue of these links and, more specifically, the question of how EU law defines the link needed to obtain the right to reside in a Member State and the right to social and employment protection in that State.

The contributions in this book shed an innovating light on a topic of major scientific, as well as practical, interest that has seldom been dealt with in a comprehensive way: the relations between EU and non-EU countries and nationals, as far as social security is concerned. First, the internal co-ordination of the EU in relation to third country nationals is analyzed. The ways the social security systems of the EU Member States are being co-ordinated with those of the Mediterranean emigration countries are also examined. Additionally, the EU European Free Trade Association's social security arrangements are explored. An overview of the complex landscape of the existing bilateral and multilateral social security instruments binding EU states and non-EU states is provided. Finally, the book deals with the European and international law applicable to the social security of illegal foreign workers. These contributions were presented at a conference held in April 2009 in Leuven, celebrating the 10th anniversary of the Master of European Social Security.

This book deals with active ageing and labour law and is dedicated to professor Roger Blanpain at the occasion of his 80th anniversary. For the European Union, active ageing means growing old in good health and as a full member of society, feeling more fulfilled in our jobs, more independent in our daily lives and more involved as citizens. For labour law, it covers a wide variety of issues, such as age discrimination in recruitment and selection, seniority rules, pay and working conditions, or modern concepts such as work-life balance, involving working time regulations and adjustments made for older people in order to allow them to stay on the labour market. In this book, leading scholars share their insights on the role of labour law in an ageing society. The book has a focus on Europe, both the European Union as well as the Member States. However, in the tradition of Blanpain's school of thought, a global mindset is used, including comparative work, a perspective from the United States, as well as an interdisciplinary understanding of labour law and active ageing.