The external dimension of EU social security coordination : towards a common EU approach
著者
書誌事項
The external dimension of EU social security coordination : towards a common EU approach
(Studies in EU external relations / edited by Marc Maresceau ; editorial board, Marise Cremona ... [et al.], v. 15)
Brill, c2020
- : hardback
大学図書館所蔵 全3件
  青森
  岩手
  宮城
  秋田
  山形
  福島
  茨城
  栃木
  群馬
  埼玉
  千葉
  東京
  神奈川
  新潟
  富山
  石川
  福井
  山梨
  長野
  岐阜
  静岡
  愛知
  三重
  滋賀
  京都
  大阪
  兵庫
  奈良
  和歌山
  鳥取
  島根
  岡山
  広島
  山口
  徳島
  香川
  愛媛
  高知
  福岡
  佐賀
  長崎
  熊本
  大分
  宮崎
  鹿児島
  沖縄
  韓国
  中国
  タイ
  イギリス
  ドイツ
  スイス
  フランス
  ベルギー
  オランダ
  スウェーデン
  ノルウェー
  アメリカ
注記
Includes bibliographical references (p. [319]-365) and index
内容説明・目次
内容説明
In The External Dimension of EU Social Security Coordination: Towards a Common EU Approach, Pauline Melin provides a detailed legal analysis of the framework on social security coordination with third countries and offers alternative policy solutions to the current fragmented approach.
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.
目次
1 Introduction
1 Setting the Scene
1.1 The Fundamental Elements of Social Security Coordination
1.2 The Nature of Social Security Coordination
1.3 The Current EU Social Security Coordination
2 Aims and Structure of the Research
3 Methodology
3.1 Research Method
3.2 Choice 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
1.1 History of the EU Rules on Social Security Coordination
1.2 Social Security Coordination for Third-Country Nationals Moving between Member States
1.3 The Coordination Rules under Regulation 1231/2010
2 The External Dimension of EU Social Security Coordination
2.1 EU Agreements with Third Countries
2.2 The EU Migration Directives: Unilateral EU Measures
3 The EU Charter of Fundamental Rights
3.1 The Applicability of the EU Charter
3.2 Article 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
1.1 Background of the Bilateral Agreements
1.2 Comparison of the Member States' Social Security Agreements with India
2 The usa's Bilateral Social Security Agreements with Belgium, Germany and the Netherlands
2.1 Background of the Bilateral Agreements
2.2 Comparison of the Member States' Social Security Agreements with usa
3 Turkey's Bilateral Social Security Agreements with Belgium, Germany and the Netherlands
3.1 Background of the Bilateral Agreements
3.2 Comparison 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
1.1 The International Bill of Human Rights
1.2 The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (icrmw)
2 International Labour Organisation's Instruments
2.1 Ilo Instruments with Relevance for Social Security Coordination
2.2 Ilo Instruments Specifically on Social Security Coordination
2.3 The Relevance of ilo Instruments within the European Union
3 Council of Europe's Instruments
3.1 Council of Europe's Instruments on Social Security Coordination
3.2 Council 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?
1.1 The Added Value of a Common EU Approach
1.2 The Existence and the Nature of EU Competence
1.3 An 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
2.1 The Inclusion of Social Security Provisions in Association Agreements
2.2 The Inclusion of Social Security Provisions in Partnership and Cooperation Agreements (pca s)
2.3 The Inclusion of Social Security Provisions in Free Trade Agreements (fta s)
3 Option 2: EU Agreements on Social Security Coordination with Third Countries
3.1 Article 48 tfeu as a Potential Legal Basis
3.2 Article 79(2)(b) tfeu as a Potential Legal Basis
3.3 A Combination of Article 48 tfeu and Article 79(2)(b) tfeu
3.4 Article 153 tfeu as an Alternative Legal Basis
3.5 Article 352 tfeu: the 'Flexibility Clause' to the Rescue
3.6 Enhanced 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
1.1 An EU Model Agreement for the Member States and for the EU Institutions
1.2 The Optional Character of an EU Model Agreement on Social Security Coordination with Third Countries
1.3 One Model Agreement Fitting All Third Countries or One Model Agreement Per Third Country?
1.4 The Working Group on the International Dimension of Social Security Coordination as the Target Group for This EU Model Agreement
1.5 The Legal Basis for an EU Model Agreement
2 The Content of an EU Model Agreement on Social Security Coordination with Third Countries
2.1 Personal Scope
2.2 Material Scope
2.3 Equal Treatment
2.4 Rules Determining the Law Applicable
2.5 Export of Benefits
2.6 Aggregation of Periods of Insurance
2.7 Administrative Cooperation
3 Conclusion
7 Concluding Remarks and Policy Recommendations
1 Identifying the Elements of the Different Approaches to Social Security Coordination with Third Countries
1.1 The EU Approach
1.2 The National Approaches
1.3 The 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
2.1 EU Agreements as a First 'Solution' Envisaged
2.2 An EU Model Agreement as a Second 'Solution' Envisaged
2.3 Final Conclusion on the Future of the External Dimension of EU Social Security Coordination
Bibliography
Index
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