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Labor and Employment Law

Marquette University Law School

Journal

2015

Social protection benefits

Articles 1 - 1 of 1

Full-Text Articles in Law

Towards The Development Of Governance Principles For The Administration Of Social Protection Benefits: Comparative Lessons From Dutch And American Experiences, Frans Pennings, Paul M. Secunda Jan 2015

Towards The Development Of Governance Principles For The Administration Of Social Protection Benefits: Comparative Lessons From Dutch And American Experiences, Frans Pennings, Paul M. Secunda

Marquette Benefits and Social Welfare Law Review

The purpose of this article is to introduce a new approach to social protection benefit provision through an analysis and comparison of two of the advanced benefit systems in the world. Both the Dutch and American examples teach us that meaningful social benefit protection is possible, consistent, and necessary within market-based societies.

Our recommendation is that advanced-market societies start a discussion on social protection benefits based on the dual principles of federalism/subsidiarity and fiduciary duty. Federalism provides that the national/federal government should provide the principles and minimal framework for benefit provision, while regional authorities, employers, and insurance companies should be …