Social Welfare And Eu Law
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Social Welfare And Eu Law
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Author : Michael Dougan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2005-07-11
Social Welfare And Eu Law written by Michael Dougan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-07-11 with Law categories.
The assumption that Member States of the European Union enjoyed exclusive competence over social provision has been shaken by the realisation that they are now “semi-sovereign welfare states” whose policy choices are subject to increasing scrutiny under Community law. This book seeks to take stock of how Community membership is reshaping the legal environment of welfare provision across Europe. Topics covered include: the evolving economic and governance debates about Community intervention in social rights; the relationship between public services and Community competition and state aids law; the crucial developments which have taken place in the sphere of health care; and recent judgments on free movement and equal treatment for Union citizens as regards national education and social assistance policies. Social Welfare and EU Law provides a valuable collection of essays overall exploring the emergence of new models of social solidarity within the European Union.
Social Welfare And Eu Law
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Author : Eleanor Spaventa
language : en
Publisher:
Release Date : 2005
Social Welfare And Eu Law written by Eleanor Spaventa and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Electronic books categories.
This work takes stock of how community membership is reshaping the legal environment of welfare provision across Europe. It provides a valuable collection of essays which explore the emergence of new models of social solidarity within the European Union.
Public Services And The European Union
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Author : Laura Nistor
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-09-15
Public Services And The European Union written by Laura Nistor and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-15 with Law categories.
Politically sensitive and economically important, welfare services such as health care, health insurance and education have opened up a heated debate in the EU. The application of EU law to welfare services raises discontent from the part of the Member States who perceive their systems to be under threat. Resisting to the application of the EU law is sometimes seen as part of protecting those values. This book suggests that this resistance is largely unjustified. EU law is not damaging to welfare systems, but it provides adequate balancing mechanisms to ensure that all interests are protected. The approach taken in analysing the impact of EU law on welfare services is to look at the negative integration process and answer the questions related to the extent to which EU law applies to welfare services and the kinds of safeguards the Court offers for these services. The proportionality principle distinguishes itself as the central element in balancing national and Community interests. Being part of the broader integration process, negative harmonization creates legislative lacunae, and therefore, this book also looks at alternative solutions to the negative harmonization process, namely positive and soft law.
Social Services Of General Interest In The Eu
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Author : Ulla Neergaard
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-10-30
Social Services Of General Interest In The Eu written by Ulla Neergaard and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-30 with Law categories.
The EU has limited legislative competence in the field of social law. However, the Member States are increasingly modernizing social services and social (welfare) protection, attempting to make social services more efficient by increasingly looking to the market for the provision of such services. This policy move brings social services into the radar of EU law. The EU response to this sensitive issue has resulted in a piecemeal and fragmented approach towards the treatment of a new policy area of Social Services of General Interest (SSGI) in EU law and policy. This book is a first contribution towards charting how SSGI have emerged as a special category of SGI in the EU, the reaction of the Member States and stake-holders and how policy is being made through new governance processes, carve-outs and safe havens in legislation and soft law, especially in the light of the new values of the EU introduced by the Treaty of Lisbon 2009. It takes an inter-disciplinary approach and will be of interest to lawyers, economists and political scientists who are interested in EU policy-making as well as practioners, EU and national policy-makers. Ulla Neergaard is Professor of EU law at the Faculty of Law, University of Copenhagen, Denmark. Erika Szyszczak is a Jean Monnet Professor of European Law ad personam, Professor of European Competition and Labour Law at the University of Leicester, Barrister, Littleton Chambers, UK. Johan W. van de Gronden is Professor of European Law at the Radboud University of Nijmegen, The Netherlands. Markus Krajewski is Professor of Public and International law at the University of Erlangen-Nuremberg.
Eu Citizenship And Social Rights
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Author : Frans Pennings
language : en
Publisher: Edward Elgar Publishing
Release Date :
Eu Citizenship And Social Rights written by Frans Pennings and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
In the 1990s, the Maastricht Treaty introduced the right to free movement for EU citizens. In practice, however, there are substantial barriers to making use of this right, particularly to integration and to accessing the social and welfare rights available. This is particularly true when it comes to accessing social rights, such as social assistance, housing benefit, study grants and health care. This book provides a detailed description and thorough analysis of these barriers, in both law and practice.
Research Handbook On European Social Security Law
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Author : Frans Pennings
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-11-03
Research Handbook On European Social Security Law written by Frans Pennings and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-03 with Law categories.
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.
The European Union And Social Security Law
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Author : Jaan Paju
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-08-24
The European Union And Social Security Law written by Jaan Paju and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-24 with Law categories.
The aim of this book is to examine how EU law relates to and impacts on the national social security systems of the Member States. It asks three key questions. Firstly, it looks at how the internal market and its developments have eroded Member States' sovereignty over their social security systems, despite the fact that the EU has limited competence in the field. It then explores, secondly, how the Union Citizenship and, thirdly, the Charter of Fundamental Rights has affected the coordination of these regimes.
Health Care And Eu Law
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Author : Johan Willem van de Gronden
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-05-18
Health Care And Eu Law written by Johan Willem van de Gronden and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-18 with Law categories.
The EU has only limited competence to regulate national health-care systems but recent developments have shown that health care is not immune from the effects of EU law. As Member States have increasingly experimented with new forms of funding and the delivery of health-care and social welfare services, health-care issues have not escaped scrutiny from the EU internal market and from competition and procurement rules. The market-oriented EU rules now affect these national experiments as patients and health-care providers turn to EU law to assert certain rights. The recent debates on the (draft) Directive on Patients’ Rights further underline the importance, but also the difficulty (and controversy), of allowing EU law to regulate health care. The topicality of the range of issues related to health care and EU law was addressed, in October 2009, at a conference held in Nijmegen, The Netherlands. The present volume contains inter alia the proceedings of this conference and invited essays. This volume follows the publication of The Changing Legal Framework for Services of General Interest in Europe. Between Competition and Solidarity (Krajewski M et al (eds) (2009) T.M.C. Asser Press, The Hague) and launches a new series: Legal Issues of Services of General Interest. The aim of the series is to sketch the framework for services of general interest in the EU and to explore the issues raised by developments related to these services. The book is compulsory reading for everyone who is engaged in issues relating to health care and EU law. Johan van de Gronden is Professor of European Law at the Law Faculty of the Radboud University Nijmegen, the Netherlands. Erika Szyszczak is a Jean Monnet Professor of European Law ad personam and Professor of European Competition and Labour Law at the University of Leicester, UK. Ulla Neergaard is Professor of EU law at the Law Faculty of the University of Copenhagen, Denmark. Markus Krajewski is Professor of International Public Law, Faculty of Law, University of Erlangen-Nuremberg, Germany.
Social Benefits And Migration
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Author : Elspeth Guild
language : en
Publisher:
Release Date : 2013
Social Benefits And Migration written by Elspeth Guild and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Business & Economics categories.
This book examines the main policy controversies that have emerged in the European Union over migration and its impact on the welfare system. Does migration constitute a disproportionate burden to member states' domestic labor markets and welfare systems? Should noncitizens be entitled to social benefits in the state where they live? Is there objective evidence and statistical data indicating abuse of social benefits by noncitizens, social welfare tourism, or the welfare magnet hypothesis, in which migrants are attracted to countries that provide more generous welfare? The contributors analyze these controversies as they affect different categories of noncitizens in the framework of EU law and policy. They also examine the uses or misuses of data, information, and social science knowledge in the debates over the reliance by noncitizens on social benefits. The book concludes with a set of recommendations addressed to EU policymakers.
The Eea Agreement In A Revised Eu Framework For Welfare Services
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Author : Karin Fløistad
language : en
Publisher: Springer
Release Date : 2018-10-02
The Eea Agreement In A Revised Eu Framework For Welfare Services written by Karin Fløistad and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-02 with Law categories.
This book addresses some of the most debated topics preceding the UK referendum on membership of the EU, namely welfare services and free movement of citizens. The work improves understanding of the implications of the European Economic Area (EEA) Agreement, which is the most integrated form of association agreement with the EU for non-member states. The author considers the impact of EEA law on both European Free Trade Association (EFTA) states and on EU Member States, and looks at case law. A broad range of welfare services are analysed, including public healthcare and educational services, various social services, and public utilities such as transport and public broadcasting. Free movement of students, of patients and public financing of welfare services are among the issues explored. The focus here is particularly on legal aspects and the demonstrated development of the EEA Agreement into the welfare sphere. This work enables a sophisticated analysis about the nature of the principles of homogeneity and dynamism. The book is essential reading for scholars who seek to understand the EU’s legal framework, the EEA Agreement and its implications. The topics covered are also relevant to UK/EU discussions on future relations, both for intermediate and long-term arrangements.
