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Full-Text Articles in Law
Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (October - December 2007), Mel Cousins
Mel Cousins
This article examines recent cases before the ECHR and ECJ on issues such as special non-contributory benefits and Regulation 1612/68; nationality nationality and other discrimination, EU competition law and payment of social security benefits; social insurance for prisoners; and delay in rectifying a breach of the International Covenant on Economic, Social and Cultural Rights.
Social Security, Social Assistance, And "Special Non-Contributory Benefits": The Never-Ending Story, Mel Cousins
Social Security, Social Assistance, And "Special Non-Contributory Benefits": The Never-Ending Story, Mel Cousins
Mel Cousins
This commentary looks at a number of recent cases concerning the definition of social security and, in particular, special non-contributory benefits under the EU regulation on social security for migrant workers, regulation 1408/71.
Free Movement Of Workers, Eu Citizenship And Access To Social Advantages, Mel Cousins
Free Movement Of Workers, Eu Citizenship And Access To Social Advantages, Mel Cousins
Mel Cousins
This article discusses developments in the European Court of Justice's approach to freedom of movement of workers and how that has been influenced by EU provisions on citizenship. It examines, firstly, the Court's interpretation of the circumstances in which a worker who has changed his or her residence (without altering the place of work) could rely on Article 39 EC (which concerns the rights of migrant workers). Secondly, it examines how the expansion of rights in this area is creating certain tensions between the legal provisions concerning the right to 'social advantages' - which include many social security benefits - …
The 'Right To Reside' And Social Security Entitlements, Mel Cousins
The 'Right To Reside' And Social Security Entitlements, Mel Cousins
Mel Cousins
This case note looks at a decision by a Tribunal of Social Security Commissioners concerning the interpretation of the UK 'right to reside' test and its compatibility with EU law. The note sets out the background to the test, examines recent legislative changes, and discusses possible developments.
The Commission V Council (Special Non-Contributory Benefits) Judgment, Mel Cousins
The Commission V Council (Special Non-Contributory Benefits) Judgment, Mel Cousins
Mel Cousins
This judgment concerns the definition of special non-contributory benefits which, although falling within the material scope of Regulation 1408/71, are not exportable under that Regulation. The Court held that a series of Finnish, Swedish and United Kingdom benefits to disabled persons were not ‘special’ benefits within the meaning of the Regulation.
Citizenship, Residence And Social Security, Mel Cousins
Citizenship, Residence And Social Security, Mel Cousins
Mel Cousins
In two recent cases the Court of Justice has considered the impact of Union citizenship on the long-standing issue of the exportability of social security payments. These decisions clarify (i) the position of the Court in relation to the material scope of the protection provided by Article 18 EC, i.e. that the exercise of free movement is itself sufficient to bring an issue within the scope of the Treaty regardless of whether the issue actually in dispute involves a question of Community law and (ii) that the Court will examine residence requirements as a restriction on the freedoms conferred by …
The Social Security Rights Of Transsexuals Under Eu Law And The, Mel Cousins
The Social Security Rights Of Transsexuals Under Eu Law And The, Mel Cousins
Mel Cousins
The rights of transsexuals have gained important recognition in recent decisions by the European Court of Justice and the European Court of Human Rights. Yet important conceptual issues remained to be clarified as to the precise implications of these decisions for the rights of transsexuals in areas such as social security and pensions entitlement. This article examines two important recent decisions which further develop the Courts’ caselaw. These cases also highlight the developing– and largely complementary - relationship between the two legal orders.
Patient Mobility And National Health Systems, Mel Cousins
Patient Mobility And National Health Systems, Mel Cousins
Mel Cousins
In the last decade, there have been a number of very important judgments of the Court of Justice in relation to patient mobility under article 49 EC and public health systems. Until recently, however, these had referred only to hybrid and private insurance systems. An important question remained as to whether this line of caselaw applied to national health systems and, if so, in what manner. This has now been addressed by the Court of Justice in the Watts case, which concerned the UK national health system (NHS). This note discusses that case.