scholarly journals Free movement of workers in the EU and occupational pensions

2017 ◽  
Vol 19 (2) ◽  
pp. 141-157 ◽  
Author(s):  
Marion Del Sol ◽  
Marco Rocca
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
Free Movement ◽  
The European Union ◽  
Occupational Pensions ◽  
Minimum Standards ◽  
Court Of Justice ◽  
Free Movement Of Workers ◽  
The Eu ◽  
Cross National

The European Union appears to be promoting at the same time both cross-national mobility of workers and an increased role for occupational pensions. There is, however, a potential tension between these two objectives because workers risk losing (some of) their pension rights under an occupational scheme as a consequence of their mobility. After long negotiations, the EU has addressed this issue through a minimum standards Directive. Shortly before the adoption of this Directive, the Court of Justice also delivered an important decision in the same field, in the case of Casteels v British Airways. By analysing the resulting legal framework for safeguarding pension rights under occupational schemes in the context of workers’ mobility, we argue that the application of the case law developed by the Court of Justice in the field of free movement of workers has the potential to offer superior protection compared to the Directive. We also highlight the fact that the present legal framework seems to afford a much fuller protection to the intra-company cross-national mobility of workers employed by multinational companies, while also seemingly favouring mobility for highly specialised workers.

The self-perpetuation of EU constitutionalism in the area of free movement of persons: Virtuous or vicious cycle?

2013 ◽  
Vol 2 (1) ◽  
pp. 125-150 ◽  
Author(s):  
ANJA WIESBROCK
Keyword(s):  
Mutual Influence ◽  
Case Law ◽  
Free Movement ◽  
The European Union ◽  
Court Of Justice ◽  
Inherent Feature ◽  
The Face ◽  
Initial Resistance ◽  
Free Movement Of Persons ◽  
The Eu

AbstractThis paper analyses the mutual influence and self-perpetuating cycle of legitimacy of EU legal scholars and the Court of Justice of the European Union (CJEU) in expanding and broadening the free movement rights of Union citizens and their family members. It is argued that legal scholars have played a dual role in promoting the constitutional paradigm of an ever-expanding scope of directly enforceable residence and movement rights in the EU. First, by presenting the expansion of free movement rights as an inevitable outcome of the EU constitutional order based on directly enforceable individual rights, scholars have played a significant role in legitimizing the jurisprudence of the Court in the face of initial resistance from the member states. Second, legal scholars have been an important source for the Court of Justice in developing its case law in this area. The Advocates General in their opinions have drawn on an expanding field of scholarship presenting the expansion of free movement rights as an inherent feature of the EU as a constitutional legal order. Spurred by the objective of turning the EU into more than an internal market, the opinions of the Advocates General have mostly been followed by the Court. Legal scholars have thus served not only as a legitimizing force, but also as a source of inspiration for the perceived constitutionalization of free movement rights in the EU.

scholarly journals Exploring the limits of social solidarity: welfare tourism and EU citizenship

2016 ◽  
Vol 2 ◽  
pp. 4-19 ◽  
Author(s):  
Sandra Mantu ◽  
Paul Minderhoud
Keyword(s):  
Case Law ◽  
Free Movement ◽  
Social Solidarity ◽  
Social Rights ◽  
The European Union ◽  
Eu Member States ◽  
Political Debates ◽  
Court Of Justice ◽  
Wide Scale ◽  
The Eu

Political debates concerning the free movement of (poor) EU citizens (mainly from the newer EU Member States) have focused upon the twin issues of abuse of free movement rights and welfare tourism, despite the lack of meaningful evidence that the two are actually taking place on a wide scale in the EU. This article discusses the increasing political contestation of EU mobility as captured by notions such as, welfare tourism and poverty migration. The analysis of the case law of the Court of Justice of the European Union on issues of social rights and EU citizenship shows a noticeable shift towards stricter interpretations of the scope of social solidarity for mobile EU citizens. We argue that the coupling of these two aspects of EU mobility raises questions about the scope of EU citizenship and its nature as a fundamental status.

What Is Possible and What Is Not? The Development of a Legal Framework for Drug Pricing Mechanisms in the EU

2019 ◽  
Vol 26 (2) ◽  
pp. 120-140
Author(s):  
Gisela Ernst
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
Healthcare Systems ◽  
European Court Of Justice ◽  
The European Union ◽  
Pharmaceutical Pricing ◽  
Court Of Justice ◽  
European Court ◽  
Free Movement Of Goods ◽  
The Eu

Abstract As a result of the constantly increasing number of innovative but exceedingly high priced medicines, many Member States have implemented price-regulating mechanisms to ensure the financial viability of their healthcare systems. However, the European Court of Justice applies strict criteria to these measures – some of them have already been suspended for the purposes of the free movement of goods. The European Union (EU) allowed the development of an ever-stricter case law on one hand, without changing the legal frame on the other hand. Considering the importance and the binding nature of the Court’s judgements, this leaves great uncertainty for national legislators about which measures to remedy the pricing problem are legally possible and which are not. In order to provide clarity, this article seeks to analyse the development of the case law and to define the legal scope for pharmaceutical pricing mechanisms in the EU.

The Concept of ‘Worker’ in the Free Movement of Workers and the Social Policy Directives: Perspectives from the Case Law of the Court of Justice

2020 ◽  
pp. 203195252094533
Author(s):  
Vincent Février
Keyword(s):  
European Union ◽  
Social Policy ◽  
Case Law ◽  
The Other ◽  
Free Movement ◽  
The European Union ◽  
Court Of Justice ◽  
The Social ◽  
Depth Analysis ◽  
Free Movement Of Workers

The Concept of worker is the gateway to the access to the protection of labour and social security law. The Court of Justice of the European Union first defined this concept in the field of the Free Movement of Workers in the Lawrie-Blum case. The scope of this article is to compare the definitions used by the Court in the fields of the free movement of workers and in the Social Policy Directives, in order to ascertain to which extent they can differ. Our in-depth analysis of the case law offers a nuanced picture. On one hand, it highlights that the Court tries to extend the application of the Lawrie-Blum formula to Directives which do not refer back to the national definitions of a worker, but that specificities remain in this area, like the emphasis on the link of subordination. On the other hand, for Directives referring to a national concept of workers, the Court began recently to state that, even if the competence of the Member States on this question must be acknowledged, it is not limitless.

scholarly journals Primjena načela fiskalne neutralnosti u presudama suda pravde Evropske unije / Application of Fiscal Neutrality Principle in the Case Law of the Court of Justice of the European Union

2016 ◽  
Vol 6 (6) ◽  
pp. 120
Author(s):  
Dinka Antić
Keyword(s):  
European Union ◽  
Value Added ◽  
Case Law ◽  
Legal Framework ◽  
Capital Allocation ◽  
Theoretical Issue ◽  
The European Union ◽  
Court Of Justice ◽  
Council Directive ◽  
The Eu

Neutrality of value added tax (VAT) is not only a theoretical issue and unattainable myth but also a need for all modern economies. Higher degree of neutrality brings to a reduction of distortions on micro, macro and global economic system caused by selective taxation, with positive consequences on capital allocation efficiency at the national, regional and global level. The European Union, as a supranational integration, has mobilised all available legal mechanisms for elimination of harmful practice and policies that jeopardise VAT neutrality in the Member States and at the EU level as well. The EU is aiming at increasing the efficiency of the VAT system and coherence with the global VAT system promoted by OECD. By activities on reforming the EU legal framework in the field of VAT taxation taxpayers in the EU are brought to the level playing field at the EU Single Market and the world market as well. Legal framework at the EU level has been updated directly by amendments to the Council Directive 2006/112/EC and other related Council directives, and indirectly, via comprehensive case law of the Court of Justice of the EU. The practice of the Court and mandatory implementation of its case law indirectly contribute to uniformity of application of the VAT rules, its efficiency and neutrality in relation to position of taxpayers at the EU level. The Court decisions have become a powerful mechanism of supranational intervention in the EU VAT system aiming at achieving a higher degree of harmonisation of VAT system at the EU level. Due to the attitude of the Court that a principle of VAT neutrality has a supremacy over national VAT legislation and rules, the decisions have produced systematic implications for national tax systems as well.

scholarly journals Review of the Construction Labour Demand and Shortages in the EU

Buildings ◽  
2021 ◽  
Vol 11 (1) ◽  
pp. 17
Author(s):  
Belinda Brucker Juricic ◽  
Mario Galic ◽  
Sasa Marenjak
Keyword(s):  
Free Movement ◽  
Construction Sector ◽  
The European Union ◽  
Total Employment ◽  
Member States ◽  
Skill Levels ◽  
Eu Member States ◽  
Free Movement Of Workers ◽  
European Union Member States ◽  
The Eu

This paper reviews the recent literature on skill and labour shortages in the labour market with special emphasis on the construction sector in the European Union Member States, foreseeing the Construction 4.0 era. The free movement of people is one of the rights of all citizens of the EU which also includes the free movement of workers. Labour shortages in the EU are expected to increase in the future due to a declining population and an ageing workforce. In order to recognize and forecast labour shortages, EU Member states use a variety of instruments but they do not answer as to whether it is possible to use migrant labour to appease those shortages. There are several systems used to classify labour shortages in the EU Member states. Most of the countries classify labour shortages in relation to different sectors or occupation groups as well as by skill levels, but in some Member States, classification is made according to the type of employment. Instruments used to measure labour shortages significantly differ from country to country. Several criteria are used for creating lists of shortage occupations and most of the criteria include demand side and supply side criteria. A majority of the Member States are facing labour and skill shortages in various sectors and the construction sector is not an exception. As total employment in the construction sector decreased, so did the share of employed migrants. Labour shortages in the construction sector can be eased by the availability of a labour supply willing to accept unqualified and low-paying jobs. The construction sector seeks low-, medium-, and high-skilled individuals and is most likely the sector where most of the incoming migrants will be working, which has an impact on the development and implementation dynamic of Construction 4.0.

scholarly journals Has the Action for Failure to Act in the European Union Lost its Purpose?

2014 ◽  
Vol 7 (2) ◽  
pp. 209-226 ◽  
Author(s):  
Inga Daukšienė ◽  
Arvydas Budnikas
Keyword(s):  
European Union ◽  
Judicial Review ◽  
Scientific Literature ◽  
Case Law ◽  
The European Union ◽  
Eu Legislation ◽  
Court Of Justice ◽  
Legal Remedy ◽  
The Eu

ABSTRACT This article analyzes the purpose of the action for failure to act under article 265 of the Treaty on the Functioning of the European Union (TFEU). The statements are derived from the analysis of scientific literature, relevant legislation, practice of the European Union Court of Justice (CJEU) and the European Union General Court (EUGC). Useful information has also been obtained from the opinions of general advocates of the CJEU. The article of TFEU 265, which governs the action for failure to act, is very abstract. For this reason, a whole procedure under the article 265 TFEU was developed by the EU courts. The original purpose of the action for failure to act was to constitute whether European Union (EU) institution properly fulfilled its obligations under the EU legislation. However, in the course of case-law, a mere EU institution’s express refusal to fulfill its duties became sufficient to constitute that the EU institution acted and therefore action for failure to act became devoid of purpose. This article analyzes whether the action for failure to act has lost its purpose and become an ineffective legal remedy in the system of judicial review in the EU. Additionally, the action for failure to act is compared to similar national actions.

Square Pegs and Round Holes: The Free Movement of Persons Under EEA Law

2017 ◽  
Vol 19 ◽  
pp. 165-186
Author(s):  
Christian NK FRANKLIN
Keyword(s):  
Free Trade ◽  
Case Law ◽  
Fundamental Principle ◽  
Free Movement ◽  
Trade Association ◽  
Eu Law ◽  
European Free Trade Association ◽  
Court Of Justice ◽  
Free Movement Of Persons ◽  
The Eu

AbstractWhilst the European Union’s aim of achieving an ‘ever closer Union’ is not an objective of EEA cooperation, homogeneity demands that we follow the same path: as the Union gets ever closer, so too does EEA cooperation, in light of the demands of the fundamental principle of homogeneity. This is particularly well demonstrated by looking at developments in the field of the free movement of persons. The case law of the Court of Justice of the European Free Trade Association (EFTA Court) in this field shows that in situations where homogeneity is put to the test, there seems little to suggest that a more national sovereignty-friendly approach has been adopted than under EU law. Notwithstanding the integral differences between the EU and EEA legal constructs, the EFTA Court has proven highly adept at keeping pace with EU developments in the field through a number of bold and creative interpretations of EEA law, and by using different tools to arrive at uniform conclusions.

Anti-discrimination Case Law of the Court of Justice of the European Union before and after the Economic Crisis

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Amalie Frese
Keyword(s):  
European Union ◽  
Economic Crisis ◽  
Case Law ◽  
The European Union ◽  
Direct Role ◽  
Legal Norms ◽  
Court Of Justice ◽  
Weak Evidence ◽  
Before And After ◽  
The Eu

Abstract Income inequality is at an all-time high in the Europe Union (EU). Implications from the economic crisis which broke out in 2008, and in particularly the austerity measures introduced by Governments in Eurozone countries receiving bailout programmes, created further inequalities, for example between men and women. This paper starts from the hypothesis that whereas other institutions in the EU have played a direct role in tackling the economic crisis, the Court of Justice of the European Union (CJEU) may have played a more indirect role, which nonetheless can have an overlooked value in particular for setting direction for legal norms of equality and anti-discrimination in Europe. The paper therefore addresses a legal-empirical question: To what extent does the anti-discrimination case law of the CJEU reflect the increased inequalities in Europe following the economic crisis? Based on a dataset of all anti-discrimination cases of the CJEU, I conduct a quantitative analysis of changes in the case law from before to after the economic crisis. I find that there is only weak evidence, which suggests that the case law of the CJEU reflects the increased inequalities following the economic crisis.

The Practices of ‘Splitting’ and ‘Common Accord’ Under Scrutiny: the European Parliament‘s Request for an Opinion of the European Court of Justice on the Istanbul Convention

2020 ◽  
Vol 45 (4) ◽  
pp. 472-486
Author(s):  
Elizaveta Samoilova
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Special Focus ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
European Court ◽  
Forms Of Violence ◽  
Istanbul Convention ◽  
The Eu

Abstract With all eyes on the recent global COVID-19 pandemic, another pandemic has been growing in the shadows: violence against women. The Council of Europe’s Istanbul Convention creates a legal framework in order to protect women against all forms of violence. Its ratification process, however, has faced considerable challenges, particularly in the Central and Eastern European Member States. This article discusses the basic elements of the Istanbul Convention, reflects on the ratification process in the EU and its Member States, and sets out the main legal issues raised in the European Parliament’s request for an opinion (A-1/19 of 22 November 2019) to the Court of Justice of the European Union. Special focus is put on the choice of the correct EU legal basis and the practices of ‘splitting’ and ‘common accord’. This article argues that the European Parliament’s request for an opinion provides the perfect opportunity for the Court of Justice of the European Union to further clarify the law and the practice of concluding mixed agreements by the EU and its Member States.

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