Frans Pennings
Biographic Data
| ID | 4422069 |
|---|---|
| NAME | Frans Pennings |
| GIVEN NAMES | Frans |
| FAMILY NAME | Pennings |
| SIGNATURE | PENNINGS F |
| AFFILIATIONS | Tilburg University |
| ORCID | 0000-0001-8488-228X |
| VERIFIED | Yes |
| TOTAL WORKS | 37 |
| TOTAL CITATIONS | 16 |
| WORKS AS AUTHOR | 36 |
| WORKS AS EDITOR | 1 |
| FIRST PUBLICATION YEAR | 1999 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 2 |
Minimum income schemes for the elderly
The Union recognises and respects the right to lead a life in dignity (Article 25 Charter of Fundamental rights). This right, it is argued, not only requires an adequate income protection, but also addresses the conditions under which this is provided. In view of the conditions that are often linked to minimum income schemes for the elderly—waiting periods, entitlement to other pensions, calculation rules, means tests, restrictions on the possibi…
Does the EU Charter of Fundamental Rights have Added Value for Social Security
In this contribution the added value of the Charter in the area of social security is examined. It is concluded that Article 34 of the Charter has not created fundamental rights that can be invoked in order to improve the legal position of claimants of social security or of social assistance. This conclusion is no surprise, given the express provisions limiting the interpretation of the Charter. Instead, it is interesting to note that the Charter…
The discussion on the revision of the coordination rules of unemployment benefits – a battlefield between East and West
Unemployment benefits are a special type of benefit for coordination purposes since Member States exporting benefits tend to fear that supervision of their benefit recipients in the host State will not be satisfactory. For this reason, several complicated rules have been made, which are disadvantageous for the benefit recipients living in a country with low unemployment benefits who last worked in a country with higher benefits. The rules are als…
Gaps in social security protection of mobile persons
The effects of crossing borders can be advantageous or disadvantageous for the persons concerned; these are all part of the game and cannot be challenged on the basis of EU law. After all, the Treaty on the Functioning of the European Union (TFEU) does not provide powers for harmonisation, but only for coordination. However, the coordination rules themselves may make a person worse off when he or she makes use of the right to free movement. More …
Specifying and Securing A Social Minimum in the Battle Against Poverty
This book addresses a topic that is currently high on the agenda in many fora: how to specify and secure a social minimum. The term ‘social minimum’ has different meanings, depending on the context. These contexts are examined in this book from different perspectives, including law, sociology, philosophy, politics and economics. In the first part, the social minimum is discussed from a conceptual and theoretical point of view. The second part sho…
National approaches of EU Member States in concluding bilateral social security agreements with third countries
This article describes the history of policies for making bilateral agreements by the Netherlands, a country with considerable migration to and from over time and one of the founding states of the EEC. For this reason, the characteristics of the agreements made and the main developments over time can provide a mirror for discussion of the bilateral agreements of other Member States. The development of the reasons of making bilateral agreements ar…
The Response of Residence-Based Schemes in the Netherlands to Cross-Border Movement
The Netherlands already had a residence-based scheme for old-age pensions when the first Coordination Regulation came into force. This national scheme incorporated a pro-rata system from the start and fits rather well, despite differences in character, with the coordination rules. Health care became organised in a residence-based scheme in 2004, and is based on a contributory system that also fits well with the coordination rules. Special non-con…
The Cross-Border Health Care Directive
In 2011 the Patients' Rights in Cross-border Health Care Directive was adopted. This Directive is meant, inter alia, to implement the case law of the Court of Justice on patient mobility. This article investigates the ways in which the position of patients has been reinforced. The question of whether the dual system of reimbursement of costs – on the basis of Regulation 883/2004 and on the basis of the Treaty – has been simplified, or whether it …
Coordination of Unemployment Benefits under Regulation 883/2004
The coordination of unemployment benefits is a politically sensitive issue. Questions, which have been raised in the past years, are, among others: is the rule that the State of residence is responsible for unemployment benefits for frontier workers acceptable? How can atypical frontier workers be dealt with? Is the division of costs between the State of employment and the State of residence adequate? Can the period of paying benefit be prolonged…
Introduction
Conclusion
The 10 th Anniversary of the Journal
The Legal Character of International Social Security Standards
The International Labour Organisation (ILO) and the Council of Europe have developed a number of conventions relating to social security standards. As these standards are international conventions they have legal effects. In this article, we discuss the various dimensions of these effects, including interpretation, problems of supervision and the role of the conventions in national courts. The article considers how these legal effects should be a…
The Wendy Geven Judgment
A Note from the Editors
News and Cases
News and Cases
New Decision of the Administrative Commission
News and Cases
Proposal for a Directive on Improving the Portability of Supplementary Pension Rights
The Proposal for a New Co-Ordination Regulation
News and Cases
News and Cases
The Co-Ordination Regulation for Third Country Nationals Accepted
The Van Der Duin Judgment
The discussion on the revision of the coordination rules of unemployment benefits – a battlefield between East and West
Unemployment benefits are a special type of benefit for coordination purposes since Member States exporting benefits tend to fear that supervision of their benefit recipients in the host State will not be satisfactory. For this reason, several complicated rules have been made, which are disadvantageous for the benefit recipients living in a country with low unemployment benefits who last worked in a country with higher benefits. The rules are als…
Gaps in social security protection of mobile persons
The effects of crossing borders can be advantageous or disadvantageous for the persons concerned; these are all part of the game and cannot be challenged on the basis of EU law. After all, the Treaty on the Functioning of the European Union (TFEU) does not provide powers for harmonisation, but only for coordination. However, the coordination rules themselves may make a person worse off when he or she makes use of the right to free movement. More …
The European Commission Proposal to Simplify Regulation 1408/71
On 21 December 1998, the European Commission published a Proposal for a new coordination regulation to replace Regulation 1408/71. The objective of the Proposal was to simplify the Regulation, which is often criticised for being very complicated. The new Proposal has been successful insofar as it is only one third of the size of Regulation 1408/71. However, this simplification has given rise to some politically sensitive propositions and it is ar…
The Response of Residence-Based Schemes in the Netherlands to Cross-Border Movement
The Netherlands already had a residence-based scheme for old-age pensions when the first Coordination Regulation came into force. This national scheme incorporated a pro-rata system from the start and fits rather well, despite differences in character, with the coordination rules. Health care became organised in a residence-based scheme in 2004, and is based on a contributory system that also fits well with the coordination rules. Special non-con…
The Cross-Border Health Care Directive
In 2011 the Patients' Rights in Cross-border Health Care Directive was adopted. This Directive is meant, inter alia, to implement the case law of the Court of Justice on patient mobility. This article investigates the ways in which the position of patients has been reinforced. The question of whether the dual system of reimbursement of costs – on the basis of Regulation 883/2004 and on the basis of the Treaty – has been simplified, or whether it …
Coordination of Unemployment Benefits under Regulation 883/2004
The coordination of unemployment benefits is a politically sensitive issue. Questions, which have been raised in the past years, are, among others: is the rule that the State of residence is responsible for unemployment benefits for frontier workers acceptable? How can atypical frontier workers be dealt with? Is the division of costs between the State of employment and the State of residence adequate? Can the period of paying benefit be prolonged…
Introduction
Proposal for a Directive on Improving the Portability of Supplementary Pension Rights
News and Cases
The Potential Consequences of the Gaygusuz Judgment
On 16 September 1996 the European Court of Human Rights (ECHR) in Strasbourg delivered the Gaygusuz v. Austria judgment. This judgment may have very interesting consequences in the area of social security. The Court ruled that the Austrian emergency assistance scheme falls within the scope of the protection of property as provided for by the First Protocol of the Convention for the Protection of Human Rights and Fundamental Freedoms. Until this d…
Double Charges in Case of Posting of Employees
A company which performs services by employing its workers in another Member State may be confronted with the obligation to pay contributions to social funds in both the country of establishment and the country of employment. It follows that in some cases there is a tension between on the one hand, the law concerning the freedom to provide services and, on the other hand, national labour law and social security law. In other cases there is a tens…
The Potential Consequences of the Gaygusuz Judgment
On 16 September 1996 the European Court of Human Rights (ECHR) in Strasbourg delivered the Gaygusuz v. Austria judgment. This judgment may have very interesting consequences in the area of social security. The Court ruled that the Austrian emergency assistance scheme falls within the scope of the protection of property as provided for by the First Protocol of the Convention for the Protection of Human Rights and Fundamental Freedoms. Until this d…
News and Cases
News and Cases
News and Cases
News and Cases
News and Cases
The European Commission Proposal to Simplify Regulation 1408/71
On 21 December 1998, the European Commission published a Proposal for a new coordination regulation to replace Regulation 1408/71. The objective of the Proposal was to simplify the Regulation, which is often criticised for being very complicated. The new Proposal has been successful insofar as it is only one third of the size of Regulation 1408/71. However, this simplification has given rise to some politically sensitive propositions and it is ar…
News and Cases
News and Cases
News and Cases
The Hervein Judgment
The Co-Ordination Regulation for Third Country Nationals Accepted
The Van Der Duin Judgment
The Proposal for a New Co-Ordination Regulation
News and Cases
News and Cases
News and Cases
Proposal for a Directive on Improving the Portability of Supplementary Pension Rights
A Note from the Editors
News and Cases
News and Cases
New Decision of the Administrative Commission
The Wendy Geven Judgment
The 10 th Anniversary of the Journal
Political science (35 works) · Business (25 works) · Economics (22 works) · Law and economics (16 works) · Law (13 works) · Law (11 works) · Computer Science (7 works) · European Law and Migration (6 works) · European union (6 works) · Social security (6 works)