Free Movement, Social Security and Gender in the EU

Vicki Paskalia

• Publisher: Hart Publishing
• Year: 2007
• Print ISBN:
  9781841136226
• Edition: 1
• eBook ISBN:
  9781847313737
• Topic: Law
• Subtopic: International Law
• Index: Law

This work examines the system of co-ordination of national social security laws in the European Union from a gender perspective. The central question that it raises concerns the level of social security protection enjoyed by women moving throughout the Union in cases of work interruption or marriage dissolution. Women's social security protection has traditionally been based on two criteria, namely economic activity and family/marriage. Work interruptions, in particular for child-rearing, challenge the invocation of economic activity as an effective basis for social security rights. Changing social and family conditions, including the emergence of atypical relationships and increasing divorce rates, challenge the criterion of family/marriage. Efforts have been made within the framework of the national systems of the Member States to address these challenges, often unsuccessfully. So, how successful has the European system of co-ordination, the aim of which is to provide a sufficient level of protection to migrant workers and their families, been in addressing these challenges?



The book contains comprehensive discussion of the phenomenon and legal institution of social security, as well as a thorough analysis of the current state of European Community law concerning co-ordination, with a particular focus on gender. It identifies several problematic areas where solutions must be worked out and action taken. The book fills a gap in the legal literature on the social security field and will appeal to those with an interest in social security, including academics, policy-makers and practitioners.

Table of contents

• Acknowledgements
• Summary Contents
• Contents
• Table of Cases
• Introduction
• I. BACKGROUND
• II. THE FOCUS AND MAIN ISSUES IN THE BOOK
• III. THE STRUCTURE OF THE BOOK
• IV. DELIMITATIONS AND THE SOURCES OF THE BOOK
• 1Social Security in General
• INTRODUCTION
• I. SOCIAL SECURITY AT THE NATIONAL LEVEL
• II. SOCIAL SECURITY AT THE INTERNATIONAL LEVEL
• CONCLUDING REMARKS
• 2Social Security and Gender
• INTRODUCTION
• I. WOMEN AND SOCIAL SECURITY IN A HISTORICAL CONTEXT
• II. WOMEN AND SOCIAL SECURITY TODAY
• III. WOMEN AND INTERNATIONAL SOCIAL SECURITY
• CONCLUDING REMARKS
• 3Female Migration and Implications forSocial Security
• INTRODUCTION
• I. MIGRATION AND FREE MOVEMENT IN THE EUROPEAN UNION
• II. THE IMPACT OF MIGRATION ON WOMEN’S EMPLOYMENT ANDMARITAL STATUS
• CONCLUDING REMARKS
• 4Work Interruptions and the PersonalScope of the Co-ordination Regulations
• INTRODUCTION
• I. THE PERSONS COVERED BY THE CO-ORDINATION SYSTEM ON THEBASIS OF THE CRITERION OF SOCIAL SECURITY
• II. THE CHOICE OF LAW SYSTEM
• CONCLUDING REMARKS
• 5Work Interruptions and the Applicationof the Fundamental Principlesof Co-ordination
• INTRODUCTION
• I. THE AGGREGATION PRINCIPLE
• II. THE EXPORTABILITY PRINCIPLE
• III. THE NON-OVERLAPPING PRINCIPLE
• IV. THE NEW PRINCIPLE OF ASSIMILATION OF FACTS237
• CONCLUDING REMARKS
• 6Changed Family Conditions andthe Personal Scope of theCo-ordination Regulations
• INTRODUCTION
• I. THE PERSONS COVERED BY THE CO-ORDINATION SYSTEMON THE BASIS OF FAMILY/MARRIAGE
• II. TERMINATION OF MARRIAGE AND THE PERSONAL SCOPEPROVISIONS OF THE CO-ORDINATION REGULATIONS
• III. MEMBERS OF THE FAMILY AND THE CHOICE OF LAW PROVISIONSOF THE CO-ORDINATION REGULATIONS
• CONCLUDING REMARKS
• 7Changed Family Conditions and theApplication of the Fundamental Principlesof Co-ordination
• INTRODUCTION
• I. THE AGGREGATION PRINCIPLE
• II. THE EXPORTABILITY PRINCIPLE
• III. THE NON-OVERLAPPING PRINCIPLE
• CONCLUDING REMARKS
• Conclusions
• I. THE FINDINGS OF THE BOOK
• II. FINAL REMARKS
• Index