F.J.L. Pennings

Introduction: Changes in European social security

In this chapter we will present a classification of models of social security to help us develop a framework for the analysis of recent changes in European social security systems. To that end we will first, in section 2, give a brief survey of some historical roots of social security systems in the countries of Europe. We will also present a classification of social security models, as developed in the early 1990s. In section 3, subsequently, we will attempt to define some of the main dimensions of change in social security since then. In both section 2 and section 3 we will also touch on European integration, and its consequences for the development of social security in the European Union countries.

Coordination of Unemployment Benefits under Regulation 883/2004

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 Response of Residence-Based Schemes in the Netherlands to Cross-Border Movement

The Netherlands already had a residence-based scheme for old-age pensions when the first Coordination Regulation came into force. This national scheme incorporated a pro-rata system from the start and fits rather well, despite differences in character, with the coordination rules. Health care became organised in a residence-based scheme in 2004, and is based on a contributory system that also fits well with the coordination rules. Special non-contributory benefits and social assistance are more vulnerable to the growth of mobility. Although there are certainly deficiencies and challenges in the system, there are various techniques in residence-based schemes that can be used to control access by mobile persons and at the same time to ensure a minimum income or provision. This makes it interesting to carry out a comparison with other residence-based schemes.

The Draft Patient Mobility Directive and the Coordination Regulations of Social Security

The draft Directive of the European Parliament and of the Council on the application of patients’ rights in cross-border health care, hereafter the draft Patient Mobility Directive or simply Directive, was in response to case law of the Court of Justice on reimbursement of cross-border health care. In this case law the authorisation for medical treatment, required under Regulation 1408/71 for reimbursement of the expenses of medical care obtained abroad, was overruled by the Treaty provisions on freedom of goods and services (the Kohll and Decker case law, discussed below in Sect. 6.4.2). As a result a dual system came into existence: health care for which authorisation was given according to the rules of the Regulation and health care for which no authorisation was given but which had to be reimbursed on the basis of the Treaty. In this contribution I will analyse whether the draft Directive solves the problems arising from this dual system.

Intra-EU migration and social rights: an introduction: Entitlements and Impediments to Accessing Welfare

Marshall (1950) conceptualizes citizenship as a status of membership in a community; social rights are defined as core for the ability of all citizens, irrespective of class, to more fully enjoy political and civil rights. According to Marshall, social rights encompass everything from the right to a modicum of economic welfare to the right to live the life of a civilized being according to the standards prevailing in the society. The evolution of social rights, and of the welfare state more generally, was closely linked to the establishment of the nation state. Moreover, the nation state was sovereign to limit the provision of social rights and benefits to its citizens. However, the process of European integration has gradually eroded the sovereignty of EU Member States to limit service provision and granting of benefits to their citizens and territory. Nevertheless, Member States remain the primary institutions responsible for determining the overall design of social policies in a multi-tiered polity guided by the principle of subsidiarity (Leibfried and Pierson 1995). Therefore, it is not surprising that the institutional design of social policy varies significantly within the European Union since some welfare states are built on the principle of universalism, others on promoting social stability, and others still on mitigating poverty. Moreover, concepts of social rights or social citizenship do not have a uniform meaning and applicability across the EU and the real worlds of EU citizens’ social rights differ greatly among Member States (cf. Ferragina and SeeleibKaiser 2011; Ferragina et al. 2015). EU citizenship is a recent concept introduced by the Treaty of Maastricht (1992). It is of particular importance as previously the rights ensured by the Treaties and the right to free movement had been largely limited to workers and self-employed persons. Since Maastricht, they can be enjoyed also by economically inactive persons. EU citizens have the right to reside on the territory of another Member State for a period longer than three months, if they are ‘workers’ or ‘self-employed

Dilemmas in Organising the Labour Market, Experiences with Flexicurity in the Netherlands

Flexicurity is used as a strategy in the Netherlands in order to increase flexibility for the permanent workers and improve the position of the flexible workers. The concept was introduced in the 1990s by the government in a paper and was further elaborated in an agreement of both sides of industry. This involved that the position of temporary agency workers was regulated and improved, and it was made easier to provide contracts for a definite period. This agreement was laid down in an act, thus amending the existing labour code. Important was that the position of the trade unions was reinforced since the Act allowed deviation from the general rules only by a collective labour agreement.

National approaches of EU Member States in concluding bilateral social security agreements with third countries: The case of the Netherlands

This article describes the history of policies for making bilateral agreements by the Netherlands, a country with considerable migration to and from over time and one of the founding states of the EEC. For this reason, the characteristics of the agreements made and the main developments over time can provide a mirror for discussion of the bilateral agreements of other Member States. The development of the reasons of making bilateral agreements are described and this makes it possible to distinguish several generations of agreements. It is contended that this is useful in describing the agreements made by other countries.

What is wrong with international standards on social protection

In this contribution I will investigate whether something is wrong with international social standards and if so, what exactly is wrong, and what are the best ways to remedy the defects. I will do so with respect to the social standards developed by global international organisations, i.e. the United Nations and the International Labour Organization (ILO)

The approaches of the EU Court of Justice and the European Court of Human Rights vis-à-vis discrimination on the ground of nationality in social security

The case law of the CoJ and the ECtHR on discrimination on ground of nationality differs, in particular since the latter Court does not use the concept of indirect discrimination. Furthermore for the CoJ being an EU citizen is a relevant argument in the objective justification of discrimination whereas this is not the case for the ECtHR

EU-burgerschap en de vrees voor sociaal toerisme: de zaak Dano

The EU judgment in Dano deals with the role of special non-contributory benefits and the question whether claiming this can be rejected