The External Dimension of EU Social Security Coordination: Towards a Common EU Approach: Studies in EU External Relations, cartea 15
Autor Pauline Melinen Limba Engleză Hardback – 18 dec 2019
The analysis comprises a complete overview of the EU approach to social security coordination with third countries, 9 bilateral agreements (between Belgium, Germany, and the Netherlands, with respectively India, Turkey, and USA) and international standards. Based on this analysis, the author explores the possibility from an institutional perspective to develop a common EU approach through the conclusion of EU agreements. The author concludes by favouring an alternative softer solution through an EU model agreement and proposes that the content of that model agreement be based on the best practices of the current framework.
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Specificații
ISBN-13: 9789004415324
ISBN-10: 9004415327
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Studies in EU External Relations
ISBN-10: 9004415327
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Studies in EU External Relations
Cuprins
1 Introduction
1 Setting the Scene
1.1The Fundamental Elements of Social Security Coordination
1.2The Nature of Social Security Coordination
1.3The Current EU Social Security Coordination
2 Aims and Structure of the Research
3 Methodology
3.1Research Method
3.2Choice of Countries
4 Existing Research on Social Security Coordination with Third Countries
5 Exclusions from the Scope of the Research
6 Terminology
2 The EU Legal Framework on Social Security Coordination Relevant for Third-Country Nationals
1 The Internal Dimension of EU Social Security Coordination
1.1History of the EU Rules on Social Security Coordination
1.2Social Security Coordination for Third-Country Nationals Moving between Member States
1.3The Coordination Rules under Regulation 1231/2010
2 The External Dimension of EU Social Security Coordination
2.1EU Agreements with Third Countries
2.2The EU Migration Directives: Unilateral EU Measures
3 The EU Charter of Fundamental Rights
3.1The Applicability of the EU Charter
3.2Article 34 of the EU Charter: Social Security and Social Assistance
4 Conclusion
3 Member States’ Bilateral Agreements on Social Security Coordination with Third Countries: a Comparative Analysis of the Bilateral Agreements between Belgium, the Netherlands and Germany with Respectively India, Turkey and the usa
1 India’s Bilateral Social Security Agreements with Belgium, Germany and the Netherlands
1.1Background of the Bilateral Agreements
1.2Comparison of the Member States’ Social Security Agreements with India
2 The usa’s Bilateral Social Security Agreements with Belgium, Germany and the Netherlands
2.1Background of the Bilateral Agreements
2.2Comparison of the Member States’ Social Security Agreements with usa
3 Turkey’s Bilateral Social Security Agreements with Belgium, Germany and the Netherlands
3.1Background of the Bilateral Agreements
3.2Comparison of the Member States’ Social Security Agreements with Turkey
4 Conclusion
4 International Standards Relevant for Social Security Coordination with Third Countries
1 United Nations’ Instruments
1.1The International Bill of Human Rights
1.2The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (icrmw)
2 International Labour Organisation’s Instruments
2.1Ilo Instruments with Relevance for Social Security Coordination
2.2Ilo Instruments Specifically on Social Security Coordination
2.3The Relevance of ilo Instruments within the European Union
3 Council of Europe’s Instruments
3.1Council of Europe’s Instruments on Social Security Coordination
3.2Council of Europe’s Instruments Setting Minimum Standards Relevant for the Field of Social Security
4 Conclusion
5 EU Agreements as a First ‘Solution’ to Develop a Common EU Approach to Social Security Coordination with Third Countries
1 EU Agreements: the ‘Solution’ to Achieve a Common EU Approach on Social Security Coordination?
1.1The Added Value of a Common EU Approach
1.2The Existence and the Nature of EU Competence
1.3An EU Agreement Per Third Country Instead of an EU Agreement for All Third Countries
2 Option 1: EU Agreements that Include Provisions on Social Security Coordination
2.1The Inclusion of Social Security Provisions in Association Agreements
2.2The Inclusion of Social Security Provisions in Partnership and Cooperation Agreements (pca s)
2.3The Inclusion of Social Security Provisions in Free Trade Agreements (fta s)
3 Option 2: EU Agreements on Social Security Coordination with Third Countries
3.1Article 48 tfeu as a Potential Legal Basis
3.2Article 79(2)(b) tfeu as a Potential Legal Basis
3.3A Combination of Article 48 tfeu and Article 79(2)(b) tfeu
3.4Article 153 tfeu as an Alternative Legal Basis
3.5Article 352 tfeu: the ‘Flexibility Clause’ to the Rescue
3.6Enhanced Cooperation as a Last Resort Solution
4 Conclusion
6 An EU Model Agreement as a Second ‘Solution’ to Develop a Common Approach to Social Security Coordination with Third Countries
1 Institutional Considerations
1.1An EU Model Agreement for the Member States and for the EU Institutions
1.2The Optional Character of an EU Model Agreement on Social Security Coordination with Third Countries
1.3One Model Agreement Fitting All Third Countries or One Model Agreement Per Third Country?
1.4The Working Group on the International Dimension of Social Security Coordination as the Target Group for This EU Model Agreement
1.5The Legal Basis for an EU Model Agreement
2 The Content of an EU Model Agreement on Social Security Coordination with Third Countries
2.1Personal Scope
2.2Material Scope
2.3Equal Treatment
2.4Rules Determining the Law Applicable
2.5Export of Benefits
2.6Aggregation of Periods of Insurance
2.7Administrative Cooperation
3 Conclusion
7 Concluding Remarks and Policy Recommendations
1 Identifying the Elements of the Different Approaches to Social Security Coordination with Third Countries
1.1The EU Approach
1.2The National Approaches
1.3The Relevance of International Instruments for the Development of a Common EU Approach
2 Developing a Common EU Approach to Social Security Coordination with Third Countries
2.1EU Agreements as a First ‘Solution’ Envisaged
2.2An EU Model Agreement as a Second ‘Solution’ Envisaged
2.3Final Conclusion on the Future of the External Dimension of EU Social Security Coordination
Bibliography
Index
1 Setting the Scene
1.1The Fundamental Elements of Social Security Coordination
1.2The Nature of Social Security Coordination
1.3The Current EU Social Security Coordination
2 Aims and Structure of the Research
3 Methodology
3.1Research Method
3.2Choice of Countries
4 Existing Research on Social Security Coordination with Third Countries
5 Exclusions from the Scope of the Research
6 Terminology
2 The EU Legal Framework on Social Security Coordination Relevant for Third-Country Nationals
1 The Internal Dimension of EU Social Security Coordination
1.1History of the EU Rules on Social Security Coordination
1.2Social Security Coordination for Third-Country Nationals Moving between Member States
1.3The Coordination Rules under Regulation 1231/2010
2 The External Dimension of EU Social Security Coordination
2.1EU Agreements with Third Countries
2.2The EU Migration Directives: Unilateral EU Measures
3 The EU Charter of Fundamental Rights
3.1The Applicability of the EU Charter
3.2Article 34 of the EU Charter: Social Security and Social Assistance
4 Conclusion
3 Member States’ Bilateral Agreements on Social Security Coordination with Third Countries: a Comparative Analysis of the Bilateral Agreements between Belgium, the Netherlands and Germany with Respectively India, Turkey and the usa
1 India’s Bilateral Social Security Agreements with Belgium, Germany and the Netherlands
1.1Background of the Bilateral Agreements
1.2Comparison of the Member States’ Social Security Agreements with India
2 The usa’s Bilateral Social Security Agreements with Belgium, Germany and the Netherlands
2.1Background of the Bilateral Agreements
2.2Comparison of the Member States’ Social Security Agreements with usa
3 Turkey’s Bilateral Social Security Agreements with Belgium, Germany and the Netherlands
3.1Background of the Bilateral Agreements
3.2Comparison of the Member States’ Social Security Agreements with Turkey
4 Conclusion
4 International Standards Relevant for Social Security Coordination with Third Countries
1 United Nations’ Instruments
1.1The International Bill of Human Rights
1.2The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (icrmw)
2 International Labour Organisation’s Instruments
2.1Ilo Instruments with Relevance for Social Security Coordination
2.2Ilo Instruments Specifically on Social Security Coordination
2.3The Relevance of ilo Instruments within the European Union
3 Council of Europe’s Instruments
3.1Council of Europe’s Instruments on Social Security Coordination
3.2Council of Europe’s Instruments Setting Minimum Standards Relevant for the Field of Social Security
4 Conclusion
5 EU Agreements as a First ‘Solution’ to Develop a Common EU Approach to Social Security Coordination with Third Countries
1 EU Agreements: the ‘Solution’ to Achieve a Common EU Approach on Social Security Coordination?
1.1The Added Value of a Common EU Approach
1.2The Existence and the Nature of EU Competence
1.3An EU Agreement Per Third Country Instead of an EU Agreement for All Third Countries
2 Option 1: EU Agreements that Include Provisions on Social Security Coordination
2.1The Inclusion of Social Security Provisions in Association Agreements
2.2The Inclusion of Social Security Provisions in Partnership and Cooperation Agreements (pca s)
2.3The Inclusion of Social Security Provisions in Free Trade Agreements (fta s)
3 Option 2: EU Agreements on Social Security Coordination with Third Countries
3.1Article 48 tfeu as a Potential Legal Basis
3.2Article 79(2)(b) tfeu as a Potential Legal Basis
3.3A Combination of Article 48 tfeu and Article 79(2)(b) tfeu
3.4Article 153 tfeu as an Alternative Legal Basis
3.5Article 352 tfeu: the ‘Flexibility Clause’ to the Rescue
3.6Enhanced Cooperation as a Last Resort Solution
4 Conclusion
6 An EU Model Agreement as a Second ‘Solution’ to Develop a Common Approach to Social Security Coordination with Third Countries
1 Institutional Considerations
1.1An EU Model Agreement for the Member States and for the EU Institutions
1.2The Optional Character of an EU Model Agreement on Social Security Coordination with Third Countries
1.3One Model Agreement Fitting All Third Countries or One Model Agreement Per Third Country?
1.4The Working Group on the International Dimension of Social Security Coordination as the Target Group for This EU Model Agreement
1.5The Legal Basis for an EU Model Agreement
2 The Content of an EU Model Agreement on Social Security Coordination with Third Countries
2.1Personal Scope
2.2Material Scope
2.3Equal Treatment
2.4Rules Determining the Law Applicable
2.5Export of Benefits
2.6Aggregation of Periods of Insurance
2.7Administrative Cooperation
3 Conclusion
7 Concluding Remarks and Policy Recommendations
1 Identifying the Elements of the Different Approaches to Social Security Coordination with Third Countries
1.1The EU Approach
1.2The National Approaches
1.3The Relevance of International Instruments for the Development of a Common EU Approach
2 Developing a Common EU Approach to Social Security Coordination with Third Countries
2.1EU Agreements as a First ‘Solution’ Envisaged
2.2An EU Model Agreement as a Second ‘Solution’ Envisaged
2.3Final Conclusion on the Future of the External Dimension of EU Social Security Coordination
Bibliography
Index
Notă biografică
Pauline Melin obtained her Ph.D. in 2018 from Maastricht University (The Netherlands). She is currently a lecturer in EU Law at Maastricht University.