scholarly journals The content and potential of the right to social assistance in light of Article 13 of the European Social Charter

2020 ◽  
Vol 22 (1) ◽  
pp. 3-23 ◽  
Author(s):  
María Dalli
Keyword(s):  
National Level ◽  
Social Assistance ◽  
Social Rights ◽  
Income Support ◽  
Financial Independence ◽  
European Committee ◽  
The Uk ◽  
The Right ◽  
Shed Light ◽  
Monitoring Activity

This article explores the current development of the right to social assistance as well as its potential for improving income support policies. Focusing on Article 13 of the European Social Charter (ESC), it aims to shed light on the content of such provision by identifying a list of comprehensive defining standards from the monitoring activity conducted by the European Committee of Social Rights (ECSR). Secondly, it asks whether the right can effectively enhance access to social assistance in practice by studying the implementation of the right in two national cases, the UK and Spain. The article concludes that Article 13 ESC imposes clear obligations on States Parties regarding aspects of the implementation of assistance schemes, such as the level of assistance and the right to appeal. Nevertheless, practical aspects of implementation should be taken into account for the effective realisation of the right. The ESC provisions, as well as the ECSR’s Conclusions, should be enforced by States at the national level. Furthermore, the standards developed by the ECSR for Article 13 can be complemented by recommendations currently suggested by civil society, such as the increased flexibility of activation measures for households with parenting duties, and the splitting of payments to achieve financial independence.

scholarly journals The European Committee of the Regions as a watchdog of the principle of subsidiarity

2020 ◽  
Vol 27 (3) ◽  
pp. 284-301
Author(s):  
Salvatore Fabio Nicolosi ◽  
Lisette Mustert
Keyword(s):  
European Commission ◽  
Legislative Process ◽  
European Committee ◽  
Legislative Proposal ◽  
The Right ◽  
Committee Of The Regions ◽  
Regional Funds ◽  
Shed Light ◽  
The Eu

In a resolution adopted on 1 February 2018, the European Committee of the Regions noted that a legislative proposal of the European Commission concerning a Regulation that changes the rules governing the EU regional funds for 2014-2020 did not comply with the principle of subsidiarity. Accordingly, the Committee considered challenging the legislative proposal before the Court of Justice if the proposal was formally agreed upon. Although at a later stage the European Commission decided to take into account the Committee’s argument and amended the proposal accordingly, such a context offers the chance to investigate more in detail the role of the Committee of the Regions in the legislative process of the EU and, more in particular, its role as a watchdog of the principle of subsidiarity. This paper aims to shed light on a rather neglected aspect of the EU constitutional practice, such as the potential of the Committee of the Regions to contribute to the legislative process, and answer the question of whether this Committee is the right body to guarantee compliance with the principle of subsidiarity.

The Hegemonic Bourguibist Discourse on Modernity in Post-revolutionary Tunisia

2016 ◽  
Vol 8 (2-3) ◽  
pp. 179-200 ◽  
Author(s):  
Mathilde Zederman
Keyword(s):  
Collective Memory ◽  
National Level ◽  
Specific Reference ◽  
Political Movements ◽  
Discursive Strategies ◽  
The Social ◽  
Social Scene ◽  
Independence Era ◽  
The Right ◽  
Shed Light

This article examines the continued resonance of Bourguibist discourses on modernity within Tunisia, how his political legacy continues to serve as a point of reference for diverse political movements, and therefore seeks to question how this conceptualization of modernity remains hegemonic. I posit that the national narrative of “modernity” conveyed by Bourguiba in the post-independence era should be understood as an arena of struggle over power and identity, and accordingly that both serve to shed light on how collective memory is mobilized as a political idiom to legitimise certain ideological agendas and views on what is deemed the “right” Tunisian national identity. With specific reference to Ennahda and Nidaa Tounes, I argue that understanding the prevailing political and social scene of post-revolutionary Tunisia necessitates examination of the social construction of Bourguiba, how he has come to be “mythologised” in order to generate support at a national level, and more importantly how this functions within broader discursive strategies towards power. In seeking to move beyond the current binarism that situates Islamists and so-called “secularists” (supposedly heirs of Bourguibism) in opposition, this study seeks to demonstrate the commonalities within their respective appropriations of the Bourguibist legacy in the post-revolutionary context, and thereby to elucidate how his normative heritage serves as a touchstone for seemingly contradictory ideological currents.

scholarly journals The Benefit non-take-up in the Context of Cash Social Assistance Reform in Lithuania

2020 ◽  
Vol 21 ◽  
pp. 96-121
Author(s):  
Tautvydas Vencius ◽  
Vitalija Gabnytė ◽  
Jekaterina Navickė
Keyword(s):  
Social Assistance ◽  
Growth Cycle ◽  
Social Rights ◽  
System Reform ◽  
Economic Cycle ◽  
Annual Average ◽  
Minimum Income ◽  
Single Person ◽  
The Right ◽  
Annual Average Number

The purpose of this article is to present the results of cash social assistance (CSA) benefit non-take-up in the context of the CSA system reform in Lithuania. The right to adequate minimum income benefits is one of the 20 key principles under the European Pillar of Social Rights (EPSR). Using the tax-benefit microsimulation model EUROMOD we seek to identify all those eligible to CSA benefit and to analyse its non-take-up rates in Lithuania. The analysis for 2016 showed that CSA benefit non-take-up in Lithuania was around 22%. This means that around one fifth of those who are entitled to this benefit do not get it for various reasons. The results show that there are two types of households, with a non-take-up rate exceeding 30%: single person and lone parent households. The dynamics of CSA benefit non-take-up between 2007-2016 were strongly negatively correlated to the annual average number of recipients of the CSA benefit. This makes for a counter-cyclical dynamic of the CSA non-take-up relative to the economic growth cycle. We find some evidence of an increase in the CSA non-take-up rate following the recent CSA reform in Lithuania. Further analysis is needed to distinguish between the effects of the economic cycle and the CSA reform.

scholarly journals Exploring the Links between Residence and Social Rights for Economically Inactive EU Citizens

2019 ◽  
Vol 21 (3) ◽  
pp. 313-337 ◽  
Author(s):  
Sandra Mantu ◽  
Paul Minderhoud
Keyword(s):  
National Level ◽  
Social Assistance ◽  
European Court Of Justice ◽  
Social Benefits ◽  
Social Rights ◽  
Member States ◽  
Permanent Residence ◽  
Court Of Justice ◽  
European Court ◽  
Assistance Systems

Abstract This article examines the links between residence and social rights in the context of EU citizens’ mobility. It builds on national replies to a questionnaire concerning the implementation and application of Directive 2004/38 at the national level. Our focus is on how the EU28 are implementing the provisions on social assistance for economically inactive EU citizens, including five relevant European Court of Justice (ECJ) judgments in this area (Brey, Dano, Alimanovic, Garcia-Nieto and Commission v UK) and the provisions on permanent residence status. Based on the national replies we argue that asking for social benefits becomes a first step towards being considered by the administration as an unreasonable burden, which leads to the termination of EU residence rights. Our analysis shows that asserting and maintaining residence rights under Articles 7 and 16 of Directive 2004/38 is becoming problematic for certain categories of EU citizens and linked with the more restrictive position taken by some Member States in relation to accessing their national social assistance systems.

scholarly journals THE EUROPEAN SOCIAL CHARTER STANDARDS OF RIGHT TO HOUSING: UKRAINE’S COMPLIANCE WITH COMMITMENTS

2020 ◽  
pp. 34-44
Author(s):  
A. L. Fedorova ◽  
O. M. Lysenko
Keyword(s):  
Homeless People ◽  
Social Rights ◽  
Sufficient Information ◽  
Significant Progress ◽  
Human Right ◽  
National Legislation ◽  
European Committee ◽  
Total Lack ◽  
The Right ◽  
Key Aspects

The article is devoted to the protection of the human right to housing in Ukraine in the context of the analysis of the fulfillment of obligations of Ukraine under the article 31 of the European Social Charter revised. Ukraine accepted the first two paragraphs of Article 31 devoted to the right to housing, avoiding the provision enshrined under third paragraph. Since the time of ratification of the ESC, the fulfillment of these obligations has remained problematic for Ukraine in spite of including the key aspects of the right to housing in the Constitution of Ukraine, detailing in numerous national legal acts. European Committee of Social Rights’ recommendations issued following the consideration of Ukraine reports for different periods, including the latest recommendations in 2020 for 2014-2017 are analyzed in the article. The main problems of bringing Ukrainian legislation into accordance of ESC standards in the sphere of right to housing have been identified and highlighted. By comparing the main comments of the European Committee of Social Rights of different years on the right to housing, authors concluded that the lack of significant progress in the implementation of Committee’s recommendations in Ukraine is associated with many factors, among which the total lack of Ukrainian translation of the decisions and conclusions of the Committee, the lack of understanding of the Committee's interpretation of the right to housing and as a result, delays in the submission of state reports, not providing sufficient information in reports, even statistical (for example, data of the number of homeless people), as well as the lack of an integrated complex understanding of the necessary changes in national legislation and practice for the adequate implementation of the Charter standards.

For Whose Benefit?

2017 ◽  
Author(s):  
Ruth Patrick
Keyword(s):  
Welfare Reform ◽  
Lived Experiences ◽  
Social Rights ◽  
Policy Problem ◽  
The Social ◽  
Critical Account ◽  
The Uk ◽  
The Right ◽  
The Impact ◽  
Welfare Reforms

How is welfare reform anticipated, experienced and reflected upon by those directly affected? What protection do the social rights of citizenship offer to those in receipt on out-of-work benefits? Is a policy focus on moving people into paid employment the right one? What is the impact of the pervasive stigma of benefits receipt on those on out-of-work benefits? And does mainstream politicians’ and the media’s analysis of the policy ‘problem’ of ‘welfare’ coincide with lived experiences? This book answers these questions in exploring how those at the sharp end of welfare reform experience changes to the benefit system. Drawing upon repeat interviews with single parents, disabled people and young jobseekers in the UK, this book explores how the rights and responsibilities of citizenship are experienced on the ground, and whether the welfare state still offers meaningful protection and security to those who rely upon it for all or most of their income. Further, the extent of the gap between lived experiences of ‘welfare’ and the policy rhetoric is illustrated, with a discussion of the consequences of this for the likely success of the welfare reform programme. This book provides a critical account of the welfare reforms undertaken by David Cameron’s UK Governments between 2010 and 2016, and concludes by suggesting an alternative way forward, one with the scope to deliver meaningful social and citizenship inclusion for all.

New Poverty and the Old Poor: Pensioners' Incomes in the European Community

1990 ◽  
Vol 10 (3) ◽  
pp. 261-277 ◽  
Author(s):  
Frank Laczko
Keyword(s):  
Elderly People ◽  
Old Age ◽  
European Community ◽  
Social Assistance ◽  
Income Support ◽  
The Uk ◽  
Recent Government

ABSTRACTAs we approach 1992, it is likely that elderly people in Britain will increasingly compare themselves with elderly Europeans. In Britain, recent government statements suggest that, for most pensioners, old age is no longer associated with being poor. The purpose of this paper is to compare poverty among elderly people in Britain and other European Community countries. The paper draws upon data from an EC-sponsored study on ‘new poverty’ in the European Community. ‘New poverty’ is not a term commonly used in Britain to describe the changes in poverty that have occurred in the last decade. It is suggested that one of the reasons for this could be because poverty in Britain, more so than in many other EC countries, is still strongly associated with the ‘old poor’. The paper shows that elderly people in the UK are much more dependent on means-tested social assistance (income support) than elderly people in other EC countries.

scholarly journals Administering the Union citizen in need: Between welfare state bureaucracy and migration control

2021 ◽  
pp. 095892872199961
Author(s):  
Dion Kramer ◽  
Anita Heindlmaier
Keyword(s):  
Welfare State ◽  
Social Assistance ◽  
Welfare States ◽  
Social Rights ◽  
Member States ◽  
Welfare Systems ◽  
Comparative Case Studies ◽  
And Migration ◽  
Union Citizen ◽  
The Right

How to determine whether mobile Union citizens have a right to social assistance? Research has shown how Western European Member States have made efforts to restrict Union citizens’ access to their welfare systems over the past decade, whereby lawful residence has increasingly become the linchpin for entitlement. Member States have responded strikingly differently, however, to the complex administrative puzzle of dealing with open borders, the ability to verify lawful residence and the right to social assistance over time. This article makes an analytical and empirical contribution to existing literature by asking how Member States adjust their welfare/migration administrations to fit the Union’s free movement regime and what implications this has for Union citizens. Based upon comparative case studies into the administration of social assistance rights in Germany, Austria and the Netherlands, the article develops a typology of three different models of administering Union citizens’ access to the welfare state: the form, signal and delegation models. Demonstrating how bureaucratic design impacts the stratification of social rights in the Member States in different ways, the article concludes that studying alternative administrative models offers important insights into the functioning of territorial welfare states in open border regimes.

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