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Free Movement, Social Security and Gender in the EU

Free Movement, Social Security and Gender in the EU

  • Author:
  • Publisher: Hart Publishing
  • ISBN: 9781841136226
  • Published In: July 2007
  • Format: Hardback , 366 pages
  • Jurisdiction: European Union ? Disclaimer:
    Countri(es) stated herein are used as reference only
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This work examines the system of co-ordination of national social security laws in the European Union from a gender perspective. The central question raised in it concerns the level of social security protection of women moving throughout the Union in the case of work interruption or marriage dissolution. The social security protection of women 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. Changed social and family conditions, including the emergence of atypical relationships and increase in 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. How successful then 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 a 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. In conclusion several problematic areas are identified, where solutions have to be worked out and action has to be taken. The book fills a gap in the legal literature the social security field and will be of interest to anyone with an interest in social security, including academics, policy-makers and practitioners.

Vicki Paskalia is a Lecturer in Law at the University of Stockholm, Sweden.

The book maps out precisely in which context the new family policy measures unveil difficult questions...The answers are given on the basis of the ECJ case law, which is commented with distinction and a broad and deep commitment towards the prevailing policy issue.
Eberhard Eichenhofer
Common Law Market Review
Vol 45 issue 2

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