Case Law from the EFTA Court and Decisional Practice of the EFTA Surveillance Authority on the Right to Free Movement, Residence and Equal Treatment Under the Coordination Regime for Social Security Benefits

2018 ◽  
pp. 157-190
Author(s):  
Karin Fløistad
Keyword(s):  
Social Security ◽  
Case Law ◽  
Free Movement ◽  
Equal Treatment ◽  
The Right ◽  
Social Security Benefits

Right of Residence

2019 ◽  
pp. 113-187
Author(s):  
Elspeth Guild ◽  
Steve Peers ◽  
Jonathan Tomkin
Keyword(s):  
Member State ◽  
Case Law ◽  
The Other ◽  
Free Movement ◽  
Equal Treatment ◽  
Social Benefits ◽  
The One ◽  
The Right ◽  
The Relationship

This chapter details the right of residence provided for in the citizens’ Directive. The citizens’ Directive regulates and gives detailed expression to the right of free movement and residence conferred by the Treaties on Union citizens. At its simplest, the Directive regulates residence on the basis of the intended duration of a stay in another Member State. The chapter then evaluates case law which concerns the relationship between the right to equal treatment, on the one hand, and the right of residence, on the other, and whether mobile Union citizens could rely on the principle of equality as a basis for claiming a right to access social benefits and maintaining a right to reside in a host Member State.

L'azione dell'Unione europea contro le discriminazioni basate sulla religione: l'impatto della giurisprudenza della Corte europea dei diritti umani

2012 ◽  
pp. 475-511
Author(s):  
Federico Casolari
Keyword(s):  
Human Rights ◽  
General Framework ◽  
Case Law ◽  
Legal Order ◽  
Equal Treatment ◽  
Freedom Of Religion ◽  
Eu Law ◽  
The Right ◽  
The Impact ◽  
The Eu

Law Although EU law has established a general framework concerning the fight against discriminations on the grounds of religion (namely as far as equal treatment in employment and occupation is concerned), the related ECJ case law is not very rich. This article tracks and evaluates the impact of the ECHR case law devoted to the freedom of religion on the interpretation and application of EU law concerning religion discriminations. It argues that the ECHR case law may contribute to identify the notion of ‘religion' which is relevant for EU law, while several arguments may be put forward against the application of the Strasbourg approach to the balancing between the right to quality based on religion and others human rights into the EU legal order.

Financing Social Security and Regulation (EEC) 1408/71

2001 ◽  
Vol 3 (1) ◽  
pp. 7-24
Author(s):  
Herwig Verschueren
Keyword(s):  
Social Security ◽  
Policy Making ◽  
Case Law ◽  
Direct Link ◽  
Member States ◽  
Court Of Justice ◽  
The Cost ◽  
Social Security Benefits

This article seeks to provide a clearer picture of the role of methods for funding social security benefits in EC Coordination Regulation 1408/71. In past literature and in the case law surrounding Regulation 1408/71, this role has seldom been mentioned. However, this is changing in light of increasing numbers of questions emerging at both the policy-making level and at the level of Court of Justice proceedings. The first part of this paper deals with the role of different methods of financing social security in determining the material scope of the coordination regulation and the question of whether the method of financing certain benefits has a bearing on this material scope. The second part deals with the existing link within the coordination context between paying or having paid contributions and entitlement to benefits. I discuss, inter alia, the extent to which benefit levels are determined by the same legislation as that which determines contribution levels. I examine the extent to which Member States collecting contributions are also responsible for bearing the cost of the corresponding benefits and the extent to which a person who is paying or has paid contributions is entitled to benefits corresponding to those contributions. In light of this examination of the facts as they stand, I endeavour to consider possible alternatives, including the desirability of having a more direct link within the coordination context between payment of contributions and entitlement to benefits.

scholarly journals Is It Time to Abolish the Substance of EU Citizenship Rights Test?

2021 ◽  
Vol 23 (1) ◽  
pp. 13-28
Author(s):  
Martijn van den Brink
Keyword(s):  
Case Law ◽  
Free Movement ◽  
Citizenship Rights ◽  
The Right ◽  
Eu Free Movement Law

Abstract It is almost ten years since Ruiz Zambrano decided that Article 20 TFEU precludes national measures which deprive EU citizens of the genuine enjoyment of the substance of their citizenship rights. The CJEU has since then clarified when the substance of rights test applies. This article highlights several inconsistencies and unresolved puzzles in the case law. First, contrary to what was initially suggested, EU citizens can be deprived of the substance of their rights. Second, contrary to what initial judgments suggested, the substance of rights test is not independent of but grounded in the right to free movement. This suggests that the same level of protection can be provided to EU citizens without this test, simply by relying on EU free movement law. The paper concludes by suggesting that these deficiencies can only be resolved by reconsidering the substance of rights test altogether.

Between health and salary: The incomplete regulation of working time in European law

2019 ◽  
Vol 10 (4) ◽  
pp. 370-385
Author(s):  
Vincenzo Ferrante
Keyword(s):  
Health And Safety ◽  
Case Law ◽  
Working Time ◽  
Equal Treatment ◽  
Social Rights ◽  
The European Union ◽  
International Regulation ◽  
History Of ◽  
Definition Of ◽  
The Right

The European Union competences on health and safety of workplace constituted the legal basis for the 93/104 Directive to be adopted (and for the consolidated text of 2003/88 Directive). The Court of Justice has firmly maintained this approach refusing to take into account the history of international regulation on working time, which links together work and salary in perspective to give the workers the right to fair and equal treatment as regards their working conditions (as has been recently proclaimed also by the European Pillar of Social Rights). Building on these general premises, this article analyses the more recent European pieces of legislation and cases related to on-call time and proposes a new model for the definition of working time in the light of CJEU case law.

scholarly journals Powództwo przeciw dyskryminacji w Ustawie z dnia 3 grudnia 2010 r. o wdrożeniu niektórych przepisów Unii Europejskiej w zakresie równego traktowania

2019 ◽  
Author(s):  
Paweł Śmiałek
Keyword(s):  
European Union ◽  
Case Law ◽  
Equal Treatment ◽  
The European Union ◽  
Provision Of Services ◽  
Legal Position ◽  
The Subject ◽  
Legislative Activity ◽  
The Right ◽  
Legal Grounds

Discrimination is a phenomenon that has been existing in our society for many years. The main cause of increased legislative activity in European countries is the action of the European Union, which has issued a number of directives dealing with the problem of discrimination. Poland, as a member of the European Union, was obliged to implement anti-discrimination directives. The legislator did this by enacting the Act of 3 December 2010 on the implementation of certain European Union regulations on equal treatment (hereafter: the equality statute). The equality statue was a good step towards combating discrimination in areas such as the provision of services or capital fl ow. The legislator has also pointed to discriminatory features, including race, age, disability, sex, or sexual orientation. These features cannot serve as a basis for diff erentiating the legal position of legal entities. In carrying out a comprehensive analysis of the subject matter, the study presented in this article covered: the normative grounds of an anti-discrimination lawsuit, the right to compensation, which deviates signifi cantly from the defi nition set out in Article 361 of the Civ il Code, the substantive and legal grounds for action, the principles and the procedure for claiming compensation. The article also deals with the eff ectiveness of the application of the measure in the jurisprudence. To that end, the study examined the case law of common courts dealing with the facts related to the equality law. The Ombudsman and other anti-discrimination aut horities have also been contacted for information on the use of this measure. The paper identifi es as well, the potential solutions aimed at increasing the eff ectiveness and frequency of the use of anti-discrimination lawsuits before Polish common courts.

scholarly journals Sincere Cooperation, Mutual Trust, and Mutual Recognition in Social Security Coordination

2020 ◽  
Vol 13 (3) ◽  
pp. 89-108
Author(s):  
Henrik Wenander
Keyword(s):  
Social Security ◽  
Mutual Recognition ◽  
Case Law ◽  
Free Movement ◽  
Mutual Trust ◽  
Social Security Systems ◽  
Security Systems ◽  
Member States ◽  
Legislative Choice

This article looks into the meaning of the concepts of sincere cooperation, mutual trust, and mutual recognition in EU social security coordination. It analyses the legislative choice of coordination as the main regulatory mechanism in the field, and examines the role of administrative cooperation. Furthermore, the article highlights the challenges that arise in situations where mutual recognition is required under the Regulations, as in connection with portable documents relating to the posting of workers. It also considers the limits to mutual trust via the principle of prohibition of fraud and abuse of rights established in the case law of the CJEU on free movement. In the last few years, this principle has been extended into the field of social security law, notably in Altun. In this way, the coordination regime does not require totally blind trust: rather, it balances the Member States' interests of maintaining the integrity of their social security systems with the Union interest of simplifying free movement. As in other fields of EU law relating to free movement, the mutual trust between the Member States in social security coordination may therefore be set aside in extraordinary cases.

German Constitutional Law

2019 ◽  
Author(s):  
Bumke Christian ◽  
Voßkuhle Andreas
Keyword(s):  
Constitutional Law ◽  
Case Law ◽  
Equal Treatment ◽  
Constitutional Court ◽  
Basic Law ◽  
German Constitution ◽  
Federal Constitutional ◽  
Book Covers ◽  
The Right ◽  
German Constitutional Law

This book provides a comprehensive summary of German constitutional law, in particular the case law of the German Federal Constitutional Court. It provides first-hand insight into the complex principles of the Basic Law, or Grundgesetz (GG), and an authoritative introduction to the history of the German constitution, the Basic Law, and the methodology of the Federal Constitutional Court. As well as an analysis of the general principles of German constitutional law, the book covers the salient articles of the German constitution and offers relevant extracts of the Court's most important decisions on the provisions of the Basic Law. It provides notes and discussions of landmark cases to illustrate their legal and historical context and give the reader a clear understanding of the principles governing German constitutional law. The book covers the fundamental rights catalogue of the Basic Law and offers a comprehensive account of its intellectual moorings. It includes landmark jurisprudence on the equal treatment of same-sex couples, life imprisonment, the legal structure of property, the right to assembly, and the right to informational self-presentation. The book also covers the provisions and respective case law governing the state structure of Germany, for instance the recent decisions on the prohibition of the far-right German nationalist party, and the Court's jurisprudence on European integration, including the most recent decisions on the OMT program of the European Central Bank.

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