The Protection of Occupational Pensions Under European Union Law on the Freedom of Movement for Workers

The Protection of Occupational Pensions Under European Union Law on the Freedom of Movement for Workers PDF Author:
Publisher:
ISBN:
Category : Freedom of movement
Languages : en
Pages : 360

Get Book Here

Book Description
Occupational pensions are a key part of the pension system in many EU Member States where they provide workers with social protection in retirement. Their relevance should increase given Europe's old-age pensions crisis. However, occupational pensions are characterised by the complexity and diversity of benefit structures, financing methods and membership rules. This conceptual mosaic has led to different categorisations at national and EU level although solidarity at work and dignity in retirement remain at the heart of European pension systems. The EU's new legal landscape supports the social vocation of the free movement of workers. Social security rights are already protected under Article 48TFEU and Coordination. This thesis argues that EU law must protect migrant workers' occupational pension rights. Member States are clearly facing common demographic, economic, social and political challenges. Moreover, the notion of occupational pension in EU law supports its characterisation as social protection. The justification of a social rationale to the free movement of workers is based on fundamental rights, the EU's social objectives and values as well as the requirement of 'social protection mainstreaming' under EU law. The second part of this thesis claims that EU law has historically failed to deliver adequate protection of migrant workers' occupational pension rights, stemming from a longstanding regulatory gap in which the EU's legislative process has been hamstrung by institutional constraints. Positive integration has remained limited but a recent breakthrough in secondary legislation will bring a new social protection dimension to the free movement of workers, albeit one based on minimum requirements. Negative integration has also been limited, especially in horizontal situations despite recognition of the indirect effect of Article 45TFEU. However, fundamental rights are capable of providing a tool for the interpretation of the free movement of workers to ensure a more holistic respect for their social protection.

The Future of Pension Plans in the EU Internal Market

The Future of Pension Plans in the EU Internal Market PDF Author: Nazaré da Costa Cabral
Publisher: Springer Nature
ISBN: 3030294978
Category : Business & Economics
Languages : en
Pages : 359

Get Book Here

Book Description
This edited volume takes a closer look at various European pension-plan models and the recent challenges, trends and predictions related to the design of such schemes. The contributors analyse new ideas, both from national governments and European institutions, and consider current debates on topics such as the Capital Markets Union (CMU) and the so-called ‘European Pillar of Social Rights’ – calling for a new approach to social policy at the European level in response to common challenges, such as ageing and the digital revolution.This interdisciplinary work embraces economic, financial and legal perspectives, while focusing on previously selected coherence aspects in order to ensure that the analyses are comprehensive and globally consistent.

EU Pension Law

EU Pension Law PDF Author: Yves Stevens
Publisher: Edward Elgar Publishing
ISBN: 1839101806
Category : Law
Languages : en
Pages : 323

Get Book Here

Book Description
This timely book provides a comprehensive overview of European pension law with a dual purpose: both to introduce the legal aspects of different forms of pension at the European level, as well as to explore the main legal policy issues.

Occupational Pension as Second Pillar Provision in the EU Policy Context

Occupational Pension as Second Pillar Provision in the EU Policy Context PDF Author: Santosh Mishra
Publisher:
ISBN:
Category :
Languages : en
Pages : 9

Get Book Here

Book Description
The ageing population in the European Union (EU) and the effects of the financial and economic crisis has strained the sustainability of public pension schemes in Member States (MS). To ensure adequate incomes for people after retirement, many MS are putting increasing emphasis on supplementary forms of retirement income. These include occupational pension schemes that provide retirement income based on employment earnings during working life. Whilst MS are responsible for the design of their pension systems, occupational pensions affect, or are affected by, various EU policies and concerns. Free movement of workers means that workers should preserve rights in occupational pensions when they move to another MS. EU-wide companies need “cost-efficient” ways to provide pensions to workers in different MS. The European Commission has proposed, or will, improvements in both areas. Furthermore, workers also need cost-effective protection against risks (including employer insolvency) and reliable pension information to make good retirement decisions. Increasing reliance on occupational pensions may put women at risk of poverty in old age. Though MS will continue to support a very wide variety of approaches to occupational pensions, the EU can contribute to ensuring that citizens enjoy an adequate and sustainable income in old age. This paper aims to give an insight into how occupational pension stands as “second pillar” provision in the EU policy context. Key issues in pension provisions in the European Union (pensions and employer insolvency, risk management, and gender) have also been discussed. Secondary data have been used in the paper and they have been analyzed using descriptive research method, with appropriate examples of occupational pension provisions in the European Union.The paper concludes that occupational pensions: a) are an efficient way of saving for supplementary pensions, and b) can offer wide coverage and economies of scale in governance, and management.

The Influence of International Organization on National Social Security Law in the European Union

The Influence of International Organization on National Social Security Law in the European Union PDF Author: Yves Jorens
Publisher:
ISBN:
Category : Old age pensions
Languages : en
Pages : 160

Get Book Here

Book Description


Research Handbook on European Social Security Law

Research Handbook on European Social Security Law PDF Author: Frans Pennings
Publisher: Edward Elgar Publishing
ISBN: 1800886357
Category : Law
Languages : en
Pages : 475

Get Book Here

Book Description
This comprehensive second edition Research Handbook discusses a wide range of timely questions and dilemmas ensuing from the present state of European social security law. Presenting a kaleidoscopic concept of social security, a new generation of leading experts identifies future lines of inquiry that are likely to dominate the discourse in the coming years.

Perspectives of Eu Pension Law Hb

Perspectives of Eu Pension Law Hb PDF Author: SCHMIDT
Publisher:
ISBN: 9789462361607
Category : Labor mobility
Languages : en
Pages : 288

Get Book Here

Book Description
European pension law is a topic that does not always receive the attention it deserves. For many years, the European Union has made efforts to bring the benefits of the EU single market to the realm of occupational pensions with some remarkable successes. However, some aspects of the EU's pension law and policy remain incomplete for a number of reasons. This book studies European (occupational) pension law from the perspective of a pension scheme member by looking at the prerogatives of the EU in the field of occupational pensions and the history of its involvement with the topic. It then assesses the results of those efforts from a pension scheme member's point of view. It does this not just by examining legislation such as the IORP II Directive or the Supplementary Pension Rights Directive, but also Commission Communications, the legislative processes leading up to adopted legislation and failed attempts at legislation. Finally, it studies the recent PEPP Regulation - a personal pension product that could offer lessons for EU occupational pension law.

Cross-Border Portability of Pension Rights: An Important Condition for an Integrated Market for Pension Provision

Cross-Border Portability of Pension Rights: An Important Condition for an Integrated Market for Pension Provision PDF Author: Jørgen Mortensen
Publisher: Ceps
ISBN: 9789290794240
Category : Pensions
Languages : en
Pages : 42

Get Book Here

Book Description


Free Movement of persons in the European Union and Economic Community of West African States

Free Movement of persons in the European Union and Economic Community of West African States PDF Author: Touzenis, Kristina
Publisher: UNESCO Publishing
ISBN: 923001026X
Category : Political Science
Languages : en
Pages : 150

Get Book Here

Book Description


Legal Protection of Vulnerable Groups in Lithuania, Latvia, Estonia and Poland

Legal Protection of Vulnerable Groups in Lithuania, Latvia, Estonia and Poland PDF Author: Agnė Limantė
Publisher: Springer Nature
ISBN: 3031069986
Category : Law
Languages : en
Pages : 416

Get Book Here

Book Description
This book analyses the current legal situation and protection of vulnerable groups in Lithuania, Latvia, Estonia and Poland. In recent decades, national legislation in many European states has especially focused on vulnerable groups with the aim of securing their enhanced protection and social inclusion. This trend is also noticeable in North-Eastern Europe, where the legal frameworks are constantly being revised to address the needs of vulnerable parts of society, including women, children, the elderly, people with disabilities, and minorities, as well as prisoners and victims of crime. But despite these positive changes, many challenges persist. In this book, the authors provide a comprehensive, comparative analysis of legal regulations and practices intended to protect vulnerable groups in Lithuania, Latvia, Estonia and Poland, and in the process, share insights into the current situation and trends in this often-overlooked region. Part I introduces readers to the topic by defining the concept of vulnerable groups and elaborating on its understanding in the European and national contexts. Part II analyses the legal protection of groups characterised by inherent and/or circumstantial vulnerability, while Part III addresses specific crime-related vulnerability issues in the target region. In closing, Part IV puts the spotlight on three specific vulnerable groups in the discussed countries.