Thoughts about indexing family benefits

Are authorities permitted to apply the Austrian indexation of family benefits? The primacy of EU law and the right/obligation to request a ruling from the Court of Justice of the European Union

Bibliographic Data

ID12627463
AuthorsFranz Marhold (0000-0001-8338-8060, Vienna University of Economics and Business, Head of the Institute for Austrian and European Labour Law and Social Security Law, Vienna, Austria, corresponding author), Christoph Paul Ludvik (Herbst Kinsky attorneys at law, Vienna, Austria)
Year2020
Volume22
Issue3
Pages273-286
Publication date2020-09-01
Open AccessYes
TypeARTICLE
VenueEuropean Journal of Social Security (JOURNAL)
Journal identifiersISSN: 1388-2627 • E-ISSN: 2399-2948
PublisherSAGE Publishing (PUBLISHER • US)
DOI10.1177/1388262720952634
OpenAlexW3097571662
LanguageEN
Citations received1
References cited14

Austria amended legislation, adjusting family benefits such as the family allowance and the deductible family allowance amount to the (lower) price level indices for consumer goods and services (indexation) of the State of residence of the child. This case is not a unique case. In the European Union, similar endeavours were envisaged in several Member States. The Austrian legislation, however, is now being challenged before the CJEU. In the authors’ opinion, this unsuitable cost-saving budget measure contradicts Union law. Consequently, the provisions concerned must remain unapplied. After all, since the Austrian legislation is obviously incompatible with primary Union law, authorities or courts are not even required to refer the matter to the CJEU

Allowance (engineering · Business · Economic policy · Economics · European union · European Union law · Law and economics · Legislation · Member state · Member states · Obligation · Political science · Economic and Fiscal Studies · European Law and Migration · Law · Taxation and Legal Issues

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