scholarly journals India-EU Migration: The Social Security Rights of Indian Nationals Moving to and within the European Union

2013 ◽  
Author(s):  
Anne Pieter van der Mei
2020 ◽  
pp. 507-528
Author(s):  
Marios Costa ◽  
Steve Peers

This chapter examines the social rights that arise as part of free-movement rights under Articles 21, 45, 49 and 59 of the Treaty on the Functioning of the European Union (TFEU). It highlights the extensive interpretation given by the Court of Justice (CJ) to these rights ensuring equality of treatment for those migrants who are economically active. As well as dealing with the provisions in the Citizens’ Rights Directive (CRD) (Directive 2004/38) and Regulation 492/2011 on the free movement of workers, the chapter deals briefly with the provisions relating to social security and EU citizenship.


Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa

This chapter examines the social rights that arise as part of free-movement rights under Articles 21, 45, 49 and 59 of the Treaty on the Functioning of the European Union (TFEU). It highlights the extensive interpretation given by the Court of Justice (CJ) to these rights ensuring equality of treatment for migrants. As well as dealing with the provisions in the Citizens’ Rights Directive (CRD) (Directive 2004/38), it deals briefly with the provisions relating to social security.


2017 ◽  
Vol 19 (4) ◽  
pp. 353-362
Author(s):  
Anne Pieter van der Mei

This contribution presents an overview of the case law of the Court of Justice of the European Union in the period April–September 2017 on social security matters. The relevant rulings concern first and foremost the rules determining the applicable legislation as enshrined in Regulation 883/2004 and Regulation 1408/71. In addition, the Court of Justice has delivered important rulings concerning posted worker and the binding effect of A1 certificates, the social security rights of third country nationals holding a single-permit and the protection of social rights in the context of financial crisis and austerity measures.


2012 ◽  

The strategy of flexicurity was adopted as a model by the European Union and proposed to all the Member States as a solution for addressing the challenges connected with the competitiveness and instability of the markets, with a view to enhancing employment levels and maintaining social cohesion. The various contributions in this book analyse the concept of flexicurity and its effective feasibility in different institutional contexts, in particular Italy and Spain and – at regional level – in Tuscany and Catalonia. The consequence of the variety of employment and social security models is that the meanings and manifestations of flexicurity are highly divergent, even in cases as analogous as Spain and Italy, since the different contexts generate significant differences. The overall analysis demonstrates that the forms of regulation and organisation of the social institutions, and their complementary nature, have a major impact on the relations between forms of flexibility and security, and do not always give rise to the virtuous process of flexicurity.


2020 ◽  
pp. 422-463
Author(s):  
Nigel Foster

This chapter examines sex discrimination law in the European Union (EU). It analyses the reasons for the original inclusion of sex discrimination in the Treaty on the Functioning of the European Union (TFEU) and discusses the provision of TFEU Articles that aim to promote equality and prohibit discrimination. It evaluates the scope of Article 157 TFEU and explains the principle of ‘equal pay for equal work’ and ‘work of equal value’. This chapter also considers the expansion of the EU equality law with Article 19 TFEU, the Pregnant and Breastfeeding Workers Directive, and the Social Security Directive.


2017 ◽  
Vol 9 (2) ◽  
pp. 355
Author(s):  
Thais Guerrero Padrón

Resumen: La obligatoria integración y cotización de los funcionarios de la UE en un régimen de seguridad social propio, netamente comunitario, al margen de la competencia estatal y no afectado por el Reglamento de coordinación en seguridad social, les libera de sufragar las prestaciones de seguridad social de su país. El TJUE rechaza que un Estado miembro pueda imponer al funcionario de la UE, con domicilio fiscal en este país, la obligación de pagar ciertos impuestos que gravan sus rentas inmobiliarias, cuando van destinados a financiar determinadas prestaciones de la seguridad social nacional, de lo que se deduce que para el TJUE todo recurso que contribuye a la seguridad social, sea cual sea su naturaleza jurídica, es considerado en sentido amplio “cotización de seguridad social”.Palabras clave: Libre circulación de trabajadores, seguridad social, funcionarios de la Unión Europea, tributos, cotización.Abstract: The officials of the European Union are compulsorily affiliated and subject to the contributions of the social security scheme of the EU institutions. Such scheme lies outside the jurisdiction of the Member States and it is unaffected by the Regulation on the coordination of social security systems. In consequence, the officials of the European Union are exempted from defraying the national social security benefits. In this way, the imposition from a Member State to the official, whose domicile for tax purposes is in that country, to pay some contributions and social levies in respect of income from real estate, is rejected by the CJEU when they are allocated for the funding of the social security scheme of that same Member State. It follows that every source used to pay social security is broadly considered by the Court of Justice as a “social security contribution”, in spite of its legal nature.Keywords: Free movement of workers, social security, officials of the European Union, taxes, social security contribution.


2001 ◽  
Vol 7 (2) ◽  
pp. 309-320
Author(s):  
Robert Salais

This article considers the transformation of the world of work and its interrelationship with changes in the social regulation of work and social security. The implications of the contradiction between a greater emphasis on autonomy and skills at work and the exclusionary effects of greater selectivity in recruitment are discussed. It is argued that we are witnessing a move to a ‘third age’ of work and social protection, in which qualitative and participatory aspects come to the fore, alongside aspects of the ‘social question’ more typical of earlier ‘ages’ — alleviating poverty and reducing unemployment. In conclusion the article considers the role of the European Union in addressing the resulting challenges.


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