Full Description
The aim of this book is to examine how EU law relates to and impacts on the national social security systems of the Member States. It asks three key questions. Firstly, it looks at how the internal market and its developments have eroded Member States' sovereignty over their social security systems, despite the fact that the EU has limited competence in the field. It then explores, secondly, how the Union Citizenship and, thirdly, the Charter of Fundamental Rights has affected the coordination of these regimes.
Contents
1. Introduction: Starting Points, Purpose and Methodology
1.1. Purpose and Questions
1.2. The Theoretical Framework
1.3. Materials and Method
1.4. Concepts
1.5. Disposition
2. Social Security, the Territorial Aspect and Regulation 883/2004
2.1. Introduction 0
2.2. Consequence of Territorial Restrictions for Migration Movements
2.3. The EU and Coordination of Social Security
2.4. Regulation 883/2004
2.5. Conclusion
3. Interpretation Methods as a Factor Promoting Integration
3.1. Introduction
3.2. Legal Context
3.3. Interpretation Methods as a Factor for Promotion of Integration
3.4. Starting Point for Review of the Regulation
3.5. Regulation 3/58
3.6. Regulation 1408/71
3.7. Regulation 883/2004
3.8. Conclusion
4. From Equal Treatment to Market Access
4.1. The Principle of Non-Discrimination
4.2. Application of the Principle of Non-Discrimination in the Field of Social Security
4.3. Equal Treatment of Facts
4.4. Conclusion
5. Treaty Before the Regulation
5.1. Introduction
5.2. Social Security Systems not Covered by Regulation 883/2004
5.3. Cross-Border Healthcare
5.4. Conclusion
6. The Impact of Union Citizenship
6.1. Introduction
6.2. Background
6.3. The Understanding of the CJEU of the Concept of Union Citizenship
6.4. Directive 2004/38
6.5. The Link Between being a Burden and National Social Security Systems
6.6. Bridge Over Troubled Water
6.6. Conclusion
7. The Charter of Fundamental Rights
7.1. Introduction
7.2. The Right to Social Security in Relation to the ECHR and other Rights Instruments under the Charter
of Fundamental Rights
7.3. The Contents and Structure of the Charter of Fundamental Rights
7.4. Application of the Charter of Fundamental Rights
7.5. National Social Security Systems and the Social Rights of the Charter of Fundamental Rights
7.6. Social Security and Other Fundamental Rights as a Way to Expand Competences
7.7. The European Charter of Fundamental Rights and Union Citizenship
7.8. Regulation 883/2004 and the European Charter—Added Value, or Does the Charter Stand on its Two Feet?
8. Conclusions
8.1. Introduction
8.2. What is the Impact of EU Law on National Social Security Systems?
8.3. Headed for the Cliff? Or, what Happens in Case of Individualisation of Social Protection from
the Perspective of EU Law?
8.4. Conclusion
