Gijsbert Vonk
Biographic Data
| ID | 4422056 |
|---|---|
| NAME | Gijsbert Vonk |
| GIVEN NAMES | Gijsbert |
| FAMILY NAME | Vonk |
| SIGNATURE | VONK G |
| AFFILIATIONS | University of Groningen |
| ORCID | 0000-0002-3387-1588 |
| VERIFIED | Yes |
| TOTAL WORKS | 11 |
| TOTAL CITATIONS | 23 |
| AUTHOR COUNT | 11 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2002 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 4 |
Welfare state dystopia as a challenge to the fundamental right of social security
Social rights have developed in response to 19 th -century laissez-faire capitalism. They have given rise to an interventionist welfare state that purports to liberate people from the whims of the market, making use of a plethora of social transfers. Legal doctrine on the right to social security reflects this ‘rationale of decommodification’ by focusing on the promotion of a benefit system which is ‘available, accessible and adequate’. However, …
The human rights approach to social assistance: Normative principles and system characteristics
This article deals with the substantive meaning of the human right of social assistance. The central question is how normative human rights principles can be reconciled with system characteristics which are part of the practical reality of social assistance law and administration. In order to answer this question, we present illustrations of how the human right of social assistance has been operationalised, with a particular emphasis on the judgm…
The EU (non) co-ordination of minimum subsistence benefits: What went wrong and what ways forward
This contribution deals with the co-ordination of minimum subsistence benefits in EU law. It is argued that the distinction between social assistance schemes and non-contributory benefits in EU social security law is becoming increasingly redundant. This is recognised in the case law of the CJEU, although paradoxically not in a way that strengthens the rights of mobile citizens, but in an adverse manner that undermines the co-ordination efforts o…
The fundamental right of social assistance: A global, a regional (Europe and Africa) and a national perspective (Germany, the Netherlands and South Africa)
This article gives a broad overview of the fundamental right of social assistance. The central question is to what extent the fundamental right to social assistance can count on universal recognition and what legal consequences are drawn from this right when it is invoked in national courts. In order to answer this question, we have looked at this right from a global, a regional (Europe and Africa) and a national perspective (Germany, the Netherl…
Internal coordination of social security in the Netherlands
This article outlines the internal coordination of regional and local social security schemes in the Netherlands. The Netherlands is a decentralised state with a strong central government. Social security is largely a matter for central government. The article therefore focuses on the area of social assistance and social care, characterised by a system of ‘regulated decentralisation’. It outlines the state of decentralisation, the conflict rules …
Sailing the seven seas: A schematic overview of mechanisms that can be used to strengthen the social security protection of persons moving in and out of the EU
The purpose of this final contribution is to offer a broad schematic overview of ‘mechanisms’ that can be used to strengthen the social security protection of persons moving in and out of the EU. Seven mechanisms have been selected for discussion: national unilateral standards, EU unilateral standards, bilateral agreements, EU coordination of bilateral agreements, EU third country agreements, multilateral co-operation and global standards. The ex…
Repressive Welfare States: The Spiral of Obligations and Sanctions in Social Security
This article discusses the trend of introducing increasingly strict obligations and sanctions for social security claimants in Germany, the Netherlands and the UK. It is argued that this trend should be judged critically because it upsets the balance between rights and obligations for benefit claimants and may undermine the ‘elevating function’ of social security. Courts play an important role in maintaining the balance between rights and obligat…
Access Denied: Towards a New Approach to Social Protection for Formally Excluded Migrants
This article discusses some recent trends in the area of immigration and social security. Access to social security is rendered more difficult, particularly for irregular immigrants, while the scope of application of the social security system is more closely linked to the national border (retrenchment to the national borders). It is argued that these trends can be attributed to restrictive immigration policies and the implicit rejection of trans…
Social Security as a Public Interest: A Multidisciplinary Inquiry into the Foundations of the Regulatory Welfare State
Why is social security a public interest and how does this reflect on the role of the state? This fundamental question is answered differently by various disciplines. This article gives an overview of an economic, a public administration, a legal and a philosophical viewpoint. It is observed that while social security is strongly associated with the public interest, it is never argued that it is exclusively a state affair. Private arrangements al…
Three Approaches to Refunding Social Insurance Contributions to Temporary Migrant Workers: Is There an Attractive Policy Alternative
This article discusses some legal aspects pertaining to the idea of refunding social insurance contributions to temporary migrant workers. It presents three possible methods of refunding contributions: a repatriation bonus, an individual pension reserve and an ‘opt-in’ scheme. These three schemes are tested on two countries: the Netherlands and the United States of America. The test reflects the interests of different stakeholders: the migrant wo…
Migration, Social Security and the Law: Some European Dilemmas
This article deals with the role of law in determining the position of migrants in the social security system against the background operation of specific migration policies. It is argued that the inclusion of migrants in the social security system can, in part, be explained in terms of the forces that have led to the gradual development of the right to social security. However, it appears that the quality of the treatment given to migrants in so…
Migration, Social Security and the Law: Some European Dilemmas
This article deals with the role of law in determining the position of migrants in the social security system against the background operation of specific migration policies. It is argued that the inclusion of migrants in the social security system can, in part, be explained in terms of the forces that have led to the gradual development of the right to social security. However, it appears that the quality of the treatment given to migrants in so…
The EU (non) co-ordination of minimum subsistence benefits: What went wrong and what ways forward
This contribution deals with the co-ordination of minimum subsistence benefits in EU law. It is argued that the distinction between social assistance schemes and non-contributory benefits in EU social security law is becoming increasingly redundant. This is recognised in the case law of the CJEU, although paradoxically not in a way that strengthens the rights of mobile citizens, but in an adverse manner that undermines the co-ordination efforts o…
The fundamental right of social assistance: A global, a regional (Europe and Africa) and a national perspective (Germany, the Netherlands and South Africa)
This article gives a broad overview of the fundamental right of social assistance. The central question is to what extent the fundamental right to social assistance can count on universal recognition and what legal consequences are drawn from this right when it is invoked in national courts. In order to answer this question, we have looked at this right from a global, a regional (Europe and Africa) and a national perspective (Germany, the Netherl…
Repressive Welfare States: The Spiral of Obligations and Sanctions in Social Security
This article discusses the trend of introducing increasingly strict obligations and sanctions for social security claimants in Germany, the Netherlands and the UK. It is argued that this trend should be judged critically because it upsets the balance between rights and obligations for benefit claimants and may undermine the ‘elevating function’ of social security. Courts play an important role in maintaining the balance between rights and obligat…
The human rights approach to social assistance: Normative principles and system characteristics
This article deals with the substantive meaning of the human right of social assistance. The central question is how normative human rights principles can be reconciled with system characteristics which are part of the practical reality of social assistance law and administration. In order to answer this question, we present illustrations of how the human right of social assistance has been operationalised, with a particular emphasis on the judgm…
Access Denied: Towards a New Approach to Social Protection for Formally Excluded Migrants
This article discusses some recent trends in the area of immigration and social security. Access to social security is rendered more difficult, particularly for irregular immigrants, while the scope of application of the social security system is more closely linked to the national border (retrenchment to the national borders). It is argued that these trends can be attributed to restrictive immigration policies and the implicit rejection of trans…
Social Security as a Public Interest: A Multidisciplinary Inquiry into the Foundations of the Regulatory Welfare State
Why is social security a public interest and how does this reflect on the role of the state? This fundamental question is answered differently by various disciplines. This article gives an overview of an economic, a public administration, a legal and a philosophical viewpoint. It is observed that while social security is strongly associated with the public interest, it is never argued that it is exclusively a state affair. Private arrangements al…
Migration, Social Security and the Law: Some European Dilemmas
This article deals with the role of law in determining the position of migrants in the social security system against the background operation of specific migration policies. It is argued that the inclusion of migrants in the social security system can, in part, be explained in terms of the forces that have led to the gradual development of the right to social security. However, it appears that the quality of the treatment given to migrants in so…
Three Approaches to Refunding Social Insurance Contributions to Temporary Migrant Workers: Is There an Attractive Policy Alternative
This article discusses some legal aspects pertaining to the idea of refunding social insurance contributions to temporary migrant workers. It presents three possible methods of refunding contributions: a repatriation bonus, an individual pension reserve and an ‘opt-in’ scheme. These three schemes are tested on two countries: the Netherlands and the United States of America. The test reflects the interests of different stakeholders: the migrant wo…
Social Security as a Public Interest: A Multidisciplinary Inquiry into the Foundations of the Regulatory Welfare State
Why is social security a public interest and how does this reflect on the role of the state? This fundamental question is answered differently by various disciplines. This article gives an overview of an economic, a public administration, a legal and a philosophical viewpoint. It is observed that while social security is strongly associated with the public interest, it is never argued that it is exclusively a state affair. Private arrangements al…
Access Denied: Towards a New Approach to Social Protection for Formally Excluded Migrants
This article discusses some recent trends in the area of immigration and social security. Access to social security is rendered more difficult, particularly for irregular immigrants, while the scope of application of the social security system is more closely linked to the national border (retrenchment to the national borders). It is argued that these trends can be attributed to restrictive immigration policies and the implicit rejection of trans…
Repressive Welfare States: The Spiral of Obligations and Sanctions in Social Security
This article discusses the trend of introducing increasingly strict obligations and sanctions for social security claimants in Germany, the Netherlands and the UK. It is argued that this trend should be judged critically because it upsets the balance between rights and obligations for benefit claimants and may undermine the ‘elevating function’ of social security. Courts play an important role in maintaining the balance between rights and obligat…
Sailing the seven seas: A schematic overview of mechanisms that can be used to strengthen the social security protection of persons moving in and out of the EU
The purpose of this final contribution is to offer a broad schematic overview of ‘mechanisms’ that can be used to strengthen the social security protection of persons moving in and out of the EU. Seven mechanisms have been selected for discussion: national unilateral standards, EU unilateral standards, bilateral agreements, EU coordination of bilateral agreements, EU third country agreements, multilateral co-operation and global standards. The ex…
The fundamental right of social assistance: A global, a regional (Europe and Africa) and a national perspective (Germany, the Netherlands and South Africa)
This article gives a broad overview of the fundamental right of social assistance. The central question is to what extent the fundamental right to social assistance can count on universal recognition and what legal consequences are drawn from this right when it is invoked in national courts. In order to answer this question, we have looked at this right from a global, a regional (Europe and Africa) and a national perspective (Germany, the Netherl…
Internal coordination of social security in the Netherlands
This article outlines the internal coordination of regional and local social security schemes in the Netherlands. The Netherlands is a decentralised state with a strong central government. Social security is largely a matter for central government. The article therefore focuses on the area of social assistance and social care, characterised by a system of ‘regulated decentralisation’. It outlines the state of decentralisation, the conflict rules …
The human rights approach to social assistance: Normative principles and system characteristics
This article deals with the substantive meaning of the human right of social assistance. The central question is how normative human rights principles can be reconciled with system characteristics which are part of the practical reality of social assistance law and administration. In order to answer this question, we present illustrations of how the human right of social assistance has been operationalised, with a particular emphasis on the judgm…
The EU (non) co-ordination of minimum subsistence benefits: What went wrong and what ways forward
This contribution deals with the co-ordination of minimum subsistence benefits in EU law. It is argued that the distinction between social assistance schemes and non-contributory benefits in EU social security law is becoming increasingly redundant. This is recognised in the case law of the CJEU, although paradoxically not in a way that strengthens the rights of mobile citizens, but in an adverse manner that undermines the co-ordination efforts o…
Welfare state dystopia as a challenge to the fundamental right of social security
Social rights have developed in response to 19 th -century laissez-faire capitalism. They have given rise to an interventionist welfare state that purports to liberate people from the whims of the market, making use of a plethora of social transfers. Legal doctrine on the right to social security reflects this ‘rationale of decommodification’ by focusing on the promotion of a benefit system which is ‘available, accessible and adequate’. However, …
Law (11 works) · Political science (11 works) · Law (10 works) · Economics (9 works) · Social Policy and Reform Studies (9 works) · Social security (9 works) · Law and economics (7 works) · European Law and Migration (6 works) · Sociology (6 works) · Business (5 works)