Free movement of workers in the EU and occupational pensions
Conflicting priorities? Between case law and legislative interventions
Bibliographic Data
| ID | 12627879 |
|---|---|
| Authors | Marion Del Sol (0000-0002-9899-3789, IODE, University of Rennes 1, France), Marco Rocca (0000-0003-0756-6616, University of Louvain, Louvain-la-Neuve, Belgium, corresponding author) |
| Year | 2017 |
| Volume | 19 |
| Issue | 2 |
| Pages | 141-157 |
| Publication date | 2017-06-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | European Journal of Social Security (JOURNAL) |
| Journal identifiers | ISSN: 1388-2627 • E-ISSN: 2399-2948 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1177/1388262717711776 |
| OpenAlex | W2597327120 |
| Language | EN |
| References cited | 14 |
The European Union appears to be promoting at the same time both cross-national mobility of workers and an increased role for occupational pensions. There is, however, a potential tension between these two objectives because workers risk losing (some of) their pension rights under an occupational scheme as a consequence of their mobility. After long negotiations, the EU has addressed this issue through a minimum standards Directive. Shortly before the adoption of this Directive, the Court of Justice also delivered an important decision in the same field, in the case of Casteels v British Airways. By analysing the resulting legal framework for safeguarding pension rights under occupational schemes in the context of workers’ mobility, we argue that the application of the case law developed by the Court of Justice in the field of free movement of workers has the potential to offer superior protection compared to the Directive. We also highlight the fact that the present legal framework seems to afford a much fuller protection to the intra-company cross-national mobility of workers employed by multinational companies, while also seemingly favouring mobility for highly specialised workers
Business · Context (archaeology · Directive · Economic Justice · Economic policy · Economics · European court of justice · European union · European Union law · Free movement · International trade · Labour economics · Labour law · Multinational corporation · Negotiation · Pension · Political science · Safeguarding · Corporate Governance and Law · European Law and Migration · Labor Movements and Unions · Law
Eurolegalism
Dilemmas of European Integration
Portability of Supplementary Pension Rights in Europe
From portability to acquisition and preservation
The asymmetry of European integration, or why the EU cannot be a 'social market economy
The ‘Leap’ from Coordination to Harmonization in Social Policy
Supplementary Pensions between Social Policy and Social Regulation
When the welfare state meets the regulatory state
| Citation velocity | historical |
|---|---|
| Highly cited | No |