Welfare Mediators as Game Changers? Deconstructing Power Asymmetries Between EU Migrants and Welfare Administrators

Under EU law, EU citizens constitute a particular group of immigrants, as they can, mostly without restrictions, move to, and reside in, another EU country, enjoying equal treatment with nationals in terms of accessing employment and social rights. However, as this article demonstrates, the settlement of EU citizens in another member state does not happen without hurdles. Through a careful in‐depth study of access to transnational welfare rights in practice, we analyse knowledge and resulting power asymmetries impacting interactions between certain EU migrant claimants and street‐level bureaucrats in Austrian and German social administrations. Following an inductive approach, based on an extensive data set of 144 qualitative interviews, this article first unpacks the different types of knowledge asymmetries relating to administrative procedures, formal social entitlements and the German language. We then analyse how such knowledge asymmetries may open space for welfare mediation in order to compensate for a lack of German language skills and to clarify misunderstandings about legal entitlements and obligations embedded in the claims system. Finally, our contribution offers a typology of welfare mediators and their characteristics, as not all types can be regarded as equally effective in reshaping power asymmetries. Overall, this article allows for insights into how welfare mediators, as more or less institutionalised opportunity structures, can shift policy outcomes in unexpected ways, enabling access to social benefits and services for otherwise excluded EU migrant citizens working, or seeking to work, in another EU member state.

From a Protectorate to a Member State of the European Union

The European Union was present in Kosovo even before the declaration of its independence. However, it was after 2008 and at the request of the Kosovar authorities to EU that Kosovo inaugurated a period of close ties with the organization, through the rule of law mission it launched for the country and through various programs of the European Commission, including the European Partnership Action Plan (EPAP) for Kosovo, Mechanism of the Stabilization and Association Process, and the Instrument of Pre-Accession (IPA). This chapter seeks to examine the evolution of European presence on Kosovo by analysing EULEX mission and other European instruments and the achievements by newly former states in achieving the Copenhagen criteria, contributing to the academic debate on the role of European Union aid in the new Western Balkans states for their emancipation and possible access to the organization. It also evaluates the mutualisation of responsibilities and maintenance of the European status quo in Kosovo, fostering a protectorate in an independent state.

From a Star Pupil to a Troubling Role Model for the Western Balkans

This chapter examines the phenomenon of backsliding in the post-accession process of Europeanisation in Slovenia as one of the Central and Eastern European member states of the EU. It seeks to explain the rise of compliance problems with the EU's values (i.e., de-Europeanisation) in Slovenia, which turned a former EU star pupil into a troublesome member state. The chapter analyses sources of economic and democratic backsliding in times of polycrises in the EU that stem from the state's domestic environment and confirms the determining role of decision-makers over the political system. Given the importance and widely shared image of Slovenia as a role model for the candidate states in the Western Balkans, the chapter also addresses the potential impact of Slovenia's de-Europeanisation turn for its role as a bridge between the EU and the Western Balkans region.

ON ESTABLISHING APPLICABLE LEGISLATION IN THE CASE OF THE SIMULTANEOUS EXECUTION OF WORK IN MORE THAN ONE MEMBER STATE IN THE COORDINATION OF SOCIAL SECURITY SYSTEMS

The subject of the study is determining legislation applicable in case of pursuing activity as an employed person simultaneously in the territory of more than one Member State under the coordination of social security systems in the EU. This issue in question is of interest of case law, especially one of the Supreme Court and the one of the Court of Justice of the European Union. It is of fundamental practical importance. Since conditions for determining the applicable legislation are different, more liberal in the case of simultaneous work in the territory of at least two Member States than in the case of the posting of workers, a conclusion that in the case of performing work under the same employment contract with one employer in successive periods of time, it possible to determine that legislation according to the rule applicable in the case of simultaneous pursuing activity in the territory of more than one Member State, means that employers gain an opportunity to apply social security legislation in force at their seat without any time limits. This, in turn, directly affects legal conditions under which freedom to provide services and freedom of movement of workers related thereto may be exercised.

The judicial finetuning of the EU rules determining the applicable social security legislation

The conflict rules enshrined in Regulation 883/2004 on the coordination of social security were created six decades ago to offer those who exercise free movement rights ‘constant social security protection’. The main idea was to ensure that beneficiaries are always subject to the legislation of a single Member State and to indicate which Member State that was. Because beneficiaries were above all ‘standard’ employees working on a full-time basis for an indefinite period of time, it was initially quite easy to determine the ‘competent’ Member State. The processes of flexibilization, digitalization, enlargement and globalization, however, have posed new and often formidable challenges. In today’s dynamic labour market it is often particularly difficult to identify the applicable legislation, issues arise as regards swift and frequent switches in the applicable legislation, increased worker and company mobility may affect social security rights and problems have arisen because of the possible fraudulent use of the rules determining the applicable legislation. This contribution analyses some of the recent CJEU case law on topics like working in to or more Member States, posting, abuse and fraud, employment and/or residence outside the EU and gaps in in social security protection by EU workers. The overarching question is how, in the view of the CJEU, the classic conflict rules are to be applied so as to ensure cross-border movers continue to enjoy constant social security protection.

The EAEU Demography and Human Capital: Trends and Losses in the Context of a Pandemic

Demographic dynamics becomes crucially important for successful scenario of the future for both Eurasian integration and each EAEU member state. The “pandemic crisis” caused an increase in excess mortality, reduced social well-being and created serious legal and managerial conflicts. Within the EAEU new barriers to mobility and migration have emerged and social tension has increased. In the existing realities the current supranational solutions are insufficient, they are poorly focused on achieving the demographic security of the EAEU member states. Coordinated actions are needed to significantly improve the demographic situation in the EAEU.

Creditors' and Third Parties' Rights In Rem under European Union Regulations and the UNCITRAL Legislative Guide on Insolvency Law

The purpose of this article is to present the legal position of creditors and third parties secured by rights in rem. The analysis takes into consideration the situation when the bankruptcy of a debtor is declared. The purpose of the article is to present the regulation provided in European Union regulations. According to the European Union regulations, the opening of insolvency proceedings does not affect the rights in rem of creditors or third parties {to assets?} belonging to the debtor which are situated within the territory of another Member State at the time of the opening of insolvency proceedings. Therefore the question arises of whether the scale of protection of a secured creditor or of third parties' is too wide in comparison with other creditors. Moreover it is necessary to compare the European Union provisions with regulations of an international character. The provisions of the UNCITRAL Legislative Guide on Insolvency Law constitute a point of reference for a comparative analysis of this issue.

Ukraine’s compliance with the Copenhagen criteria for accession to the European Union

Problem setting. Since gaining independence, Ukraine has been steadily moving towards integration into European and Euro-Atlantic structures. However, the process of acquiring membership of our state in the European Union is quite long and involves a number of criteria, in particular, in addition to the general ones specified in Art. 49 of the Treaty on European Union of 1993, and additional Copenhagen criteria to be met by the applicant state. European integration processes have a positive impact on the development of Ukraine as a democratic, social, legal state, strengthen its position in the international arena, contribute to economic reforms. Which, in turn, should be demonstrated in practice by bringing Ukraine closer to the requirements set by the EU for states that have expressed a desire to join the union. Recent research on the topic. Various aspects of the issue of European integration were developed primarily by European lawyers and political scientists, among whom the works of K. Baimi, A. Bogdandi, J. Buchanan, M. Burgess, W. Della Sala, A. Dashwood, G. De Burke are of special interest. J. Zimmerman, L. Cartou, N. Catalano, P. King, P. Craig, D. Lassok, S. Leikoff, W. Ostrom, D. Sidzhansky, R. Watts and many other authors. The list of scientific researches is not limited to the works of Western authors, as the integration process is quite dynamic, and therefore scientists are no less interested in the scientific developments of their colleagues from countries seeking to gain EU membership, including Ukrainian lawyers, including I. Bratsuk, O. Golovko-Gavrisheva, V. Kopiyka, T. Komarova, K. Smirnova, L. Luts, M. Mikievich, Z. Makarukha, V. Muravyov, V. Poselsky, R. Petrov, O. Tragnyuk, I. Yakovyuk and others. The purpose of this research is to analyze the current state of the legislative, legal and economic base of Ukraine for compliance with the Copenhagen criteria for accession to the European Union. Article’s main body. The article is devoted to the issue of Ukraine's compliance with each of the Copenhagen criteria. First of all, the authors note that the main purpose of the Copenhagen criteria is to select the most "worthy" applicants for membership in the Union. And compliance with these criteria must indicate the ability of the state to perform the duties of a member state of the Union. In addition, specific examples are given of the requirements that Ukraine has met as of 2021 and that it must meet in the near future. It indicates in which direction Ukraine should move in order to acquire the full status of a member state of the European Union. In conclusion, the opinions of scientists on the prospects of Ukraine's further accession to the European Union are presented. Conclusions and prospects for development. The research shows that Ukraine does not yet fully meet the Copenhagen criteria for accession to the EU, as for a number of objective and subjective reasons there is a lack of stable economic development and a well-established understanding of the direction of the political movement. Despite significant advances, national legislation also needs to be improved. After the entry into force of the Association Agreement between Ukraine and the EU, the development of integration processes has significantly intensified. The implementation of the planned reforms is undoubtedly able to bring our country's accession to the EU closer, which should add optimism and encourage daily work in this direction.

Europe will find ways to work more closely with Taiwan

Significance Taipei has seized the opportunity, increasing its lobbying of both EU institutions and member states. China has threatened that those supporting closer ties with Taiwan will "pay a heavy price”. Impacts The Czech Republic’s new government will promote ties with Taiwan as during its presidency of the EU Council in the second half of 2022. No member state or EU institution is ready to abandon the 'One China' policy, but they will find ways to increase interaction with Taipei. There will be further rhetorical skirmishes and credible Chinese threats of sanctions on European individuals promoting ties with Taiwan.

Fulfillment of the Conditions of Law no. 302/2004 on the European Arrest Warrant

In the Romanian and European doctrine, taking into account the definition given by the European legislator in the normative act itself, the Framework “Decision no. 2002/584/JHA, the European arrest warrant was defined in a similar manner as the legislator did”. Thus, one jurisprudential decision states that: “from a legal point of view, the European arrest warrant is defined as a court decision issued by the competent judicial authority of an EU Member State, in order for another state to arrest and hand over a person who is wanted in order to stand for prosecution, trial or the execution of a custodial sentence or a security measure” (European Court of Justice, 2016).