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Acknowledgements	p. v
List of Abbreviations	p. xiii
List of Authors	p. xvii
Social Protection and Social Inclusion in the EU: Any Interactions between Law and Policy?	p. 1
Social inclusion and social protection: high on the agenda of EU lawyers and policy makers	p. 1
Need for dialogue between legal and social policy scholars	p. 3
Is there any interaction between the legal and the policy discourse on social inclusion and social protection?	p. 5
Framing the discussion: a promising Treaty framework, but can it deliver?	p. 5
Health policy objectives recently laid down in a legal instrument driven by 'consumer protectionism'	p. 7
OMC Pensions and the EU legal realm: parallel worlds?	p. 9
Combating poverty: doubts about the feasibility of binding EU instruments	p. 10
A way forward for an adequate 'nesting' of social policy objectives?	p. 12
Modest Beginnings, Timid Progresses: What's Next for Social Europe?	p. 17
Introduction	p. 17
The challenge: closure vs. opening	p. 20
A new 'nested' architecture	p. 24
A more social EU: reconfiguring the patchwork	p. 28
Europe 2020 and its institutional potential	p. 37
Conclusion	p. 39
The EU Legal Framework of Social Inclusion and Social Protection: Between the Lisbon Strategy and the Lisbon Treaty	p. 41
Introduction	p. 41
Social inclusion and social protection under the Lisbon Strategy	p. 43
Social Europe under the Lisbon Strategy	p. 43
The OMC for Social Inclusion and Social Protection - empirical strengths and weaknesses	p. 45
Social inclusion and social protection under the renewed 'Lisbon 2020' Strategy	p. 47
Lisbon and the law - an opportunity missed?	p. 50
The Lisbon Treaty: new legal tools for European social inclusion and protection?	p. 52
The 'Other Lisbon'	p. 52
New Treaty objectives - but without new policy competences	p. 54
A new Treaty regime for social services?	p. 57
The social protection rights in the EU Charter of Fundamental Rights	p. 62
From Lisbon to Lisbon: a strategy and a treaty compared	p. 67
The OMC and Beyond: 'Soft-to-Hard-to-Soft' Governance of Health Care in the EU	p. 71
Introduction	p. 71
The open method of coordination in health care: emergence and key features	p. 73
Emergence: the Commission's purposive optimism versus foot-dragging Member States	p. 73
The defining features of an incomplete method	p. 74
Common objectives: ambiguous words	p. 74
Reports to Brussels and (not so) soft recommendations	p. 76
Indicators: a growing but preliminary portfolio	p. 78
Policy learning through peer reviews	p. 80
Looking for a needle in a haystack: the impact of the health care OMC at the domestic level	p. 83
Prudent mirror effects	p. 84
Spreading of peer reviews as a domestic governance tool	p. 85
National steering capacity	p. 86
The needle in the haystack: health inequalities	p. 87
Tracing EU significance: a patchwork of soft governance and instrument hybridity	p. 88
OMC as a 'template' for EU soft law mechanisms	p. 88
Interaction with other (harder) EU instruments: 'soft-to-hard-to-soft' governance	p. 89
Soft governance and the European Court of Justice	p. 94
Explaining limited substantive impact: lack of ownership and actor rivalry?	p. 95
Ownership of a closed shop	p. 96
Actor rivalry	p. 97
Wrapping things up: 'soft-to-hard-to-soft' governance in the EU	p. 100
Harmonization in Health Care: The EU Patients' Rights Directive	p. 105
Introduction	p. 105
Background	p. 106
Summary of the case law	p. 109
The legislative context	p. 110
Renewing the social agenda	p. 110
Impact assessment: quantifying the case for codification	p. 111
The dynamics of 'old' and 'new' patient's rights	p. 112
Legal basis and scope	p. 112
Legal basis	p. 112
Scope	p. 114
Parallel regimes based on Articles 56 and 48 TFEU continued	p. 114
The right to treatment	p. 114
Undue delay: a time-limit which is medically justifiable	p. 116
The right to reimbursement	p. 117
Would an amendment of the social security rules have sufficed?	p. 117
Framing cross-border health care: the 'old' patients' rights	p. 118
Reimbursement of actual costs	p. 118
Supplementary conditions	p. 119
Non-hospital care: full liberalization	p. 119
Hospital care and specialized care: the end of prior authorization regimes?	p. 120
Reasons to refuse prior authorization	p. 122
Common principles for health care: the 'new' patients' rights	p. 122
The Social Policy Agenda	p. 122
Rights to accountability and transparency	p. 123
Universal applicability for the new patients' rights?	p. 124
Safeguards measures for Member States of treatment	p. 125
Cooperation	p. 125
Further analysis	p. 126
Prior authorisation requirements: liberalisation	p. 126
New patients' rights: harmonization	p. 127
Conclusion	p. 128
EU Coordination of Pension Policy: Policy Content and Influence on National Reforms	p. 131
Introduction	p. 131
EU 'direct' and 'indirect' coordination of national pension policy	p. 132
Stability and Growth Pact: procedures and content	p. 133
Stability and Growth Pact (I), 1997	p. 133
Stability and Growth Pact (II), 2005	p. 135
Stability and Growth Pact (III), 2010-11	p. 137
OMC on Pensions: procedures and content	p. 139
Assessing the influence of EU coordination on national pensions	p. 144
What effect (if any) on national reforms?	p. 145
SGP assessment	p. 146
Pensions OMC assessment	p. 147
Conclusion	p. 150
Interactions Between Policy and Law Regarding Pensions	p. 153
Introduction: the research question	p. 153
The EU competence for pensions	p. 155
No true pension policy, only general social policy	p. 155
EU pension law: a generic term	p. 155
Freedom of movement of workers	p. 156
Freedom of establishment and services	p. 156
Free movement of capital and flow of payments	p. 157
High standards for employees' rights	p. 157
Equality between men and women	p. 157
The research question	p. 158
Pension provision under the social security regulations: limited EU power	p. 159
Coordination of social security schemes	p. 159
The research question	p. 161
Occupational, supplementary and individual retirement provision: some EU power	p. 161
General	p. 161
The IORP Directive	p. 162
The Insolvency Directive	p. 164
Quasi-Portability Directive 98/49	p. 164
The Life Assurance Directive	p. 165
Markets in Financial Instruments Directive (MIFID)	p. 165
Undertakings for Collective Investment in Transferable Securities (UCITS)	p. 166
Solvency II	p. 166
Tax issues	p. 167
Supervision: EIOPA	p. 169
The research question	p. 170
Conclusion	p. 171
Between Dream and Reality ... On Anti-Poverty Policy, Minimum Income Protection and the European Social Model	p. 173
Introduction	p. 173
The ritornello of the minimum income guarantee	p. 176
From 'harmonization' to 'convergence'	p. 176
The Lisbon Strategy, the OMC and the social indicators	p. 178
The Lisbon Treaty, the new social agenda for 2005-2010 and the EU 2020 targets	p. 180
Practices in the EU27	p. 182
General social assistance schemes across Europe	p. 182
The common denominator of the European Social Model?	p. 185
Unity in Diversity	p. 187
Poverty trends and social assistance generosity	p. 190
The relationship between social assistance and poverty	p. 190
Lisbon and its poverty outcomes	p. 192
Between dream and reality stand concepts and practical considerations	p. 194
What is an adequate minimum income?	p. 195
Budgetary burden	p. 197
Impact on dependency traps	p. 200
Conclusion	p. 201
Union Law and the Fight Against Poverty: Which Legal Instruments?	p. 205
Introduction	p. 205
EU legal instruments for guaranteeing a minimum income: legal and political basis	p. 208
Providing adequate income support as a pillar in the active inclusion strategy	p. 208
EU legislative competences for a directive on minimum income schemes	p. 210
Free movement of persons and the right to minimum subsistence benefits	p. 214
Legal framework	p. 214
Union law guarantees access to minimum subsistence benefits in the host State to poor migrant workers	p. 216
Union law guarantees access to minimum subsistence benefits in the host State to former migrant workers and the members of their family	p. 217
Union law guarantees access to minimum subsistence benefits in the host State to first time jobseekers	p. 220
The right to free movement for economically inactive persons and equal treatment in the host State for minimum subsistence benefits	p. 221
Residence Directive 2004/38 and the self-sufficiency requirement for economically inactive Union citizens	p. 221
Union citizenship and access to social minimum benefits for economically inactive migrant Union citizens	p. 222
Unjustified interference by the EU into the national boundaries of minimum subsistence schemes?	p. 224
EU social security coordination and the access to social minimum benefits for migrant persons	p. 226
Conclusion	p. 229
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Social Inclusion and Social Protection in the EU: Interactions between Law and Policy

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Social Inclusion and Social Protection in the EU: Interactions between Law and Policy

9781780680569

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