Herwig Verschueren
Biographic Data
| ID | 6703605 |
|---|---|
| NAME | Herwig Verschueren |
| GIVEN NAMES | Herwig |
| FAMILY NAME | Verschueren |
| SIGNATURE | VERSCHUEREN H |
| AFFILIATIONS | University of Antwerp |
| ORCID | 0000-0002-2864-7135 |
| VERIFIED | Yes |
| TOTAL WORKS | 17 |
| TOTAL CITATIONS | 18 |
| WORKS AS AUTHOR | 16 |
| WORKS AS EDITOR | 1 |
| FIRST PUBLICATION YEAR | 2001 |
| LATEST PUBLICATION YEAR | 2023 |
| H-INDEX | 3 |
The Framework Agreement on the applicable social security law in case of habitual cross-border telework after the pandemic
Equal treatment as an instrument of integration. The CJEU's case law on social rights for third-country nationals under the EU migration directives
There is a growing tendency for the EU Member States to introduce conditions relating to the right to social benefits that are mostly disadvantageous to third-country nationals. These conditions are at risk of conflicting with provisions on the right to equal treatment with the nationals of the host country, as set down in a number of EU migration directives. This is all the more the case now that the Court of Justice of the European Union (CJEU)…
The Application of the Conflict Rules of the European Social Security Coordination to Telework During and After the Covid-19 Pandemic
During the COVID-19 pandemic, the normal use of European conflict rules determining the applicable social security legislation was temporarily suspended to avoid changes in the applicable legislation as a result of telework, which was being obliged or recommended. The purpose was to avoid the consequences of such a change. However, these forms of remote work are expected to remain in existence after the pandemic, even when the suspension of the c…
The CJEU endorses the revision of the Posting of Workers Directive
Discussing strategies for social Europe
Anti-poverty strategies have been on the EU agenda for decades. In 2010, perhaps most saliently, Member States pledged to lift 20 million people out of poverty as part of the ten-year Europe 2020 Strategy. By the end of 2019, it became clear that this headline target was nowhere close to being achieved. In view of the disappointing results of previous EU strategies in combating poverty, a seminar was held on 5 December 2019 at the University of A…
The role and limits of European social security coordination in guaranteeing migrants social benefits
This article examines whether the EU social security coordination Regulations 883/2004 and 987/2009 contribute or fail to contribute to the EU policy objective of guaranteeing adequate social protection and fighting against poverty as set by Article 9 TFEU. Even if this coordination system does not directly interfere with the social protection systems of the Member States, it plays an important role in preventing persons who use the right to free…
The complex social security provisions of the Brexit withdrawal agreement, to be implemented for decades
This article analyses the provisions in the withdrawal agreement regarding the coordination of the social security schemes of the United Kingdom and the Member States after Brexit. The UK’s withdrawal from the EU raises numerous questions about the consequences for the social security rights, including access to health care, of persons who find themselves in a cross-border situation between the UK and the EU27. The detailed provisions in the agre…
Social devolution and the impact of European Union Law
This article examines the extent to which EU law impacts on the relationship between the sub-national entities of a Member State where these sub-national entities have regulatory powers in the field of social protection. More specifically, it explores whether the criteria relied on in EU law for determining the scope of the circles of solidarity in the relationship between the Member States can also be applied in the context of the relations betw…
Employment and social security rights of third-country nationals under the EU labour migration directives
This article explores the employment and social security rights of third-country nationals guaranteed by a number of EU Directives which are specifically meant to promote and regulate labour migration to the EU. Some were agreed with a view to making the EU more attractive for labour migration from outside the EU. Others were meant to (partially) harmonise rights and/or procedures in order to create a level playing field between the Member States…
The external dimension of EU social security coordination
Recent case before the Court of Justice of the European Union
Residence, Employment and Social Rights of Mobile Persons
Where do I belong? This is a question all mobile persons are bound to ask themselves at one time or another. When crossing borders, individuals establish links with States, which can be the basis for legal claims against these States. This book discusses the issue of these links and, more specifically, the question of how EU law defines the link needed to obtain the right to reside in a Member State and the right to social and employment protecti…
Towards Minimum Income Protection in Europe
A commonly heard proposal in academic and policy circles alike is for the introduction of an obligation for all Member States to guarantee a dignified minimum income to their citizens. The accelerated integration that has taken place over the past two decades, the consistent and repeated presence of the necessity of adequate minimum income protection in European political discourse, and the EU2020 poverty targets strongly suggest that, if a decis…
Special Non-Contributory Benefits in Regulation 1408/71, Regulation 883/2004 and the Case Law of the ECJ
This paper examines the provisions in Regulation 883/2004 on special non-contributory benefits and compares them with those of Regulation 1408/71. First the separate coordination regime that has been introduced for the so-called special non-contributory benefits is described. The status of these benefits has been under discussion for more than 30 years now, both at the level of the European legislature and of the European Court of Justice (ECJ). …
Regulation 883/2004 and Invalidity and Old-Age Pensions
This article examines the provisions in Regulation 883/2004 on pensions, and compares them with those of Regulation 1408/71. It does not enter into the sometimes very technical details, particularly with regard to the rules on the calculation and award of pensions, but it rather analyses the main characteristics of the coordination of these benefits in the new regulation. It first comments on horizontal issues such as the material scope of the ne…
The Relationship between Regulation (EEC) 1612/68 and Regulation (EEC) 1408/71 Analysed through ECJ Case Law on Frontier Workers
This article analyses the relationship between two EC Regulations protecting the social rights of migrant workers moving within the Union: Regulation (EEC) No 1612/68, concerning freedom of movement for workers, and Regulation (EEC) No 1408/71, concerning the co-ordination of the social security systems of the Member States. The article takes a closer look at the added value of Regulation 1612/68 over Regulation 1408/71. It begins by outlining th…
Financing Social Security and Regulation (EEC) 1408/71
This article seeks to provide a clearer picture of the role of methods for funding social security benefits in EC Coordination Regulation 1408/71. In past literature and in the case law surrounding Regulation 1408/71, this role has seldom been mentioned. However, this is changing in light of increasing numbers of questions emerging at both the policy-making level and at the level of Court of Justice proceedings. The first part of this paper deals…
Recent case before the Court of Justice of the European Union
The Application of the Conflict Rules of the European Social Security Coordination to Telework During and After the Covid-19 Pandemic
During the COVID-19 pandemic, the normal use of European conflict rules determining the applicable social security legislation was temporarily suspended to avoid changes in the applicable legislation as a result of telework, which was being obliged or recommended. The purpose was to avoid the consequences of such a change. However, these forms of remote work are expected to remain in existence after the pandemic, even when the suspension of the c…
The role and limits of European social security coordination in guaranteeing migrants social benefits
This article examines whether the EU social security coordination Regulations 883/2004 and 987/2009 contribute or fail to contribute to the EU policy objective of guaranteeing adequate social protection and fighting against poverty as set by Article 9 TFEU. Even if this coordination system does not directly interfere with the social protection systems of the Member States, it plays an important role in preventing persons who use the right to free…
Employment and social security rights of third-country nationals under the EU labour migration directives
This article explores the employment and social security rights of third-country nationals guaranteed by a number of EU Directives which are specifically meant to promote and regulate labour migration to the EU. Some were agreed with a view to making the EU more attractive for labour migration from outside the EU. Others were meant to (partially) harmonise rights and/or procedures in order to create a level playing field between the Member States…
Special Non-Contributory Benefits in Regulation 1408/71, Regulation 883/2004 and the Case Law of the ECJ
This paper examines the provisions in Regulation 883/2004 on special non-contributory benefits and compares them with those of Regulation 1408/71. First the separate coordination regime that has been introduced for the so-called special non-contributory benefits is described. The status of these benefits has been under discussion for more than 30 years now, both at the level of the European legislature and of the European Court of Justice (ECJ). …
Regulation 883/2004 and Invalidity and Old-Age Pensions
This article examines the provisions in Regulation 883/2004 on pensions, and compares them with those of Regulation 1408/71. It does not enter into the sometimes very technical details, particularly with regard to the rules on the calculation and award of pensions, but it rather analyses the main characteristics of the coordination of these benefits in the new regulation. It first comments on horizontal issues such as the material scope of the ne…
Discussing strategies for social Europe
Anti-poverty strategies have been on the EU agenda for decades. In 2010, perhaps most saliently, Member States pledged to lift 20 million people out of poverty as part of the ten-year Europe 2020 Strategy. By the end of 2019, it became clear that this headline target was nowhere close to being achieved. In view of the disappointing results of previous EU strategies in combating poverty, a seminar was held on 5 December 2019 at the University of A…
Financing Social Security and Regulation (EEC) 1408/71
This article seeks to provide a clearer picture of the role of methods for funding social security benefits in EC Coordination Regulation 1408/71. In past literature and in the case law surrounding Regulation 1408/71, this role has seldom been mentioned. However, this is changing in light of increasing numbers of questions emerging at both the policy-making level and at the level of Court of Justice proceedings. The first part of this paper deals…
The Relationship between Regulation (EEC) 1612/68 and Regulation (EEC) 1408/71 Analysed through ECJ Case Law on Frontier Workers
This article analyses the relationship between two EC Regulations protecting the social rights of migrant workers moving within the Union: Regulation (EEC) No 1612/68, concerning freedom of movement for workers, and Regulation (EEC) No 1408/71, concerning the co-ordination of the social security systems of the Member States. The article takes a closer look at the added value of Regulation 1612/68 over Regulation 1408/71. It begins by outlining th…
Special Non-Contributory Benefits in Regulation 1408/71, Regulation 883/2004 and the Case Law of the ECJ
This paper examines the provisions in Regulation 883/2004 on special non-contributory benefits and compares them with those of Regulation 1408/71. First the separate coordination regime that has been introduced for the so-called special non-contributory benefits is described. The status of these benefits has been under discussion for more than 30 years now, both at the level of the European legislature and of the European Court of Justice (ECJ). …
Regulation 883/2004 and Invalidity and Old-Age Pensions
This article examines the provisions in Regulation 883/2004 on pensions, and compares them with those of Regulation 1408/71. It does not enter into the sometimes very technical details, particularly with regard to the rules on the calculation and award of pensions, but it rather analyses the main characteristics of the coordination of these benefits in the new regulation. It first comments on horizontal issues such as the material scope of the ne…
Towards Minimum Income Protection in Europe
A commonly heard proposal in academic and policy circles alike is for the introduction of an obligation for all Member States to guarantee a dignified minimum income to their citizens. The accelerated integration that has taken place over the past two decades, the consistent and repeated presence of the necessity of adequate minimum income protection in European political discourse, and the EU2020 poverty targets strongly suggest that, if a decis…
Residence, Employment and Social Rights of Mobile Persons
Where do I belong? This is a question all mobile persons are bound to ask themselves at one time or another. When crossing borders, individuals establish links with States, which can be the basis for legal claims against these States. This book discusses the issue of these links and, more specifically, the question of how EU law defines the link needed to obtain the right to reside in a Member State and the right to social and employment protecti…
Recent case before the Court of Justice of the European Union
Employment and social security rights of third-country nationals under the EU labour migration directives
This article explores the employment and social security rights of third-country nationals guaranteed by a number of EU Directives which are specifically meant to promote and regulate labour migration to the EU. Some were agreed with a view to making the EU more attractive for labour migration from outside the EU. Others were meant to (partially) harmonise rights and/or procedures in order to create a level playing field between the Member States…
The external dimension of EU social security coordination
Social devolution and the impact of European Union Law
This article examines the extent to which EU law impacts on the relationship between the sub-national entities of a Member State where these sub-national entities have regulatory powers in the field of social protection. More specifically, it explores whether the criteria relied on in EU law for determining the scope of the circles of solidarity in the relationship between the Member States can also be applied in the context of the relations betw…
Discussing strategies for social Europe
Anti-poverty strategies have been on the EU agenda for decades. In 2010, perhaps most saliently, Member States pledged to lift 20 million people out of poverty as part of the ten-year Europe 2020 Strategy. By the end of 2019, it became clear that this headline target was nowhere close to being achieved. In view of the disappointing results of previous EU strategies in combating poverty, a seminar was held on 5 December 2019 at the University of A…
The role and limits of European social security coordination in guaranteeing migrants social benefits
This article examines whether the EU social security coordination Regulations 883/2004 and 987/2009 contribute or fail to contribute to the EU policy objective of guaranteeing adequate social protection and fighting against poverty as set by Article 9 TFEU. Even if this coordination system does not directly interfere with the social protection systems of the Member States, it plays an important role in preventing persons who use the right to free…
The complex social security provisions of the Brexit withdrawal agreement, to be implemented for decades
This article analyses the provisions in the withdrawal agreement regarding the coordination of the social security schemes of the United Kingdom and the Member States after Brexit. The UK’s withdrawal from the EU raises numerous questions about the consequences for the social security rights, including access to health care, of persons who find themselves in a cross-border situation between the UK and the EU27. The detailed provisions in the agre…
The CJEU endorses the revision of the Posting of Workers Directive
The Application of the Conflict Rules of the European Social Security Coordination to Telework During and After the Covid-19 Pandemic
During the COVID-19 pandemic, the normal use of European conflict rules determining the applicable social security legislation was temporarily suspended to avoid changes in the applicable legislation as a result of telework, which was being obliged or recommended. The purpose was to avoid the consequences of such a change. However, these forms of remote work are expected to remain in existence after the pandemic, even when the suspension of the c…
The Framework Agreement on the applicable social security law in case of habitual cross-border telework after the pandemic
Equal treatment as an instrument of integration. The CJEU's case law on social rights for third-country nationals under the EU migration directives
There is a growing tendency for the EU Member States to introduce conditions relating to the right to social benefits that are mostly disadvantageous to third-country nationals. These conditions are at risk of conflicting with provisions on the right to equal treatment with the nationals of the host country, as set down in a number of EU migration directives. This is all the more the case now that the Court of Justice of the European Union (CJEU)…
Political science (16 works) · Law (15 works) · Law (14 works) · Business (13 works) · Economics (13 works) · European Law and Migration (12 works) · European union (9 works) · Law and economics (9 works) · Social security (8 works) · International trade (7 works)