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The European social security law, i.e. the European regulations on
the coordination of social security for migrant workers, has been
evolving for over 60 years. This book is the result of a dialogue
between academia and practitioners in Germany and Greece on
practical issues regarding the implementation of the coordination
regulations. On the one hand, it reviews the recent case law of the
European Court of Justice (ECJ) on the interpretation of EU social
security law. On the other hand, the book provides accounts of how
specific issues are resolved by and between national social
security institutions. It explores the exchange of experiences of
various administrative authorities, both within and outside the
reflection of the ECJ's existing case law. Furthermore, the
discussion on transnational social security rights in the EU and on
issues such as the posting of workers or platform work highlight
the existing and future-practical-challenges in this field.
The idea that European welfare states are struggling to meet new
social risks during a process of adaptation to a post-industrial
setting has been an acknowledged theory in welfare state research
for some time. The authors of this remarkable book have chosen to
study a powerful indicator of how this trend might affect legal
protection and access to justice for individuals: reforms in social
security systems as they apply to cases of reduced earnings
capacity. While previously the notion of social protection made
welfare state inhabitants feel that the risk of loss of income due
to physical or psychological hindrances was minimal, this sense of
security can no longer be taken for granted. This book presents
in-depth analyses, by nine leading scholars in social security law,
of recent reforms in the field of incapacity benefits in four
European countries: Germany, the United Kingdom, the Netherlands,
and Sweden. The authors emphasize how recent reforms in the field
of social security have been transformed into legal provisions, how
the gate-keeping function is implemented in the legislation of the
different countries, and to what extent the reforms have affected
the legal position of the individuals concerned. They find that
ever-tightening requirements designed to reduce benefit dependency,
in combination with policies emphasizing individual
responsibilities rather than individual rights, cause increased
social risks for exposed groups. Among the specific aspects covered
are the following: Measuring the reduction of earnings capacity;
rights and obligations attached to reintegration into the labour
market; work capability assessment procedures; 'rehabilitation
chains' with fixed time limits; the real and increased risk of
poverty faced by long-term incapacitated persons; constitutional
concerns raised by increased dependency on means-tested benefits;
conditionality of benefits on work-related activities,
participation in training programmes, or active job searching; and
sanctions that can be applied if the claimant fails to comply with
activation measures. All the country chapters provide thorough
surveys of recent reforms, as well as analyses of their different
weaknesses and strengths. The European dimension is explored with
particular reference to anti-discrimination legislation, health and
safety law as well as the Open Method of Coordination. As a
systematic analysis of the current reforms relating to reduced
earnings capacity, this book will attract a wide readership among
lawyers and policymakers for its thorough coverage of the current
landscape and the far-reaching implications it suggests. The book's
systematic comparative method sheds a bright light on the
challenges faced by post-industrial European welfare states, and
its crystallization of the legal strategies behind the individual
legal measures and reforms deepens our understanding of the
institutions of social security and our awareness of the rights and
obligations of exposed individuals.
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