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Dissertation
Social Security for Mobile Professionals : The Social security of mobile health care workers
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Year: 2011 Publisher: Leuven K.U.Leuven. Faculteit Rechtsgeleerdheid

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Abstract

Health care workers working for Non-Governmental Organizations involved in humanitarianaid face specific problems when dealing with social security while going abroad. The fact thatthey often change their working environment, makes that they are confronted with amultitude of different rules for their social security contributions. This is a problem that thishighly mobile professional group experiences. Therefore the aim of this paper is to give ananswer on the following research question: How are health care workers covered for socialrisks while working for an NGO in crisis areas inside and outside the European Union?ŽBased on the analysis of their legal systems in social security, three Member States of theEuropean Union, that is to say Belgium, The Netherlands and Ireland, are compared in orderto identify differences, similarities and bottlenecks. The analysis is based on the Europeanlegislative acts concerning humanitarian aid, the Coordination Regulation and countryspecificregulations. The comparison pays special attention to social risks dealing with healthcare and occupational diseases. Examples out of the field will illustrate the analysis and thecomparison, and make them more concrete.The analysis made clear that the coverage for health care workers working outside theboundaries of the European Union is less developed, especially with regard to the coverageof occupational diseases, and more expensive than when being subjected to the nationalsocial insurance coverage when delivering humanitarian aid in the European Union.

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Dissertation
Social Security for highly mobile construction workers : A comparative analysis of the benefits in respect of labour accidents and occupational diseases and benefits for the lack of work due to weather conditions in the border region of Austria, Germany and Switzerland
Authors: --- ---
Year: 2011 Publisher: Leuven K.U.Leuven. Faculteit Rechtsgeleerdheid

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This master paper deals with selected issues of the social protection of internationally (highly) mobile construction workers in the border region of Austria (I.), Germany (II.), and Switzerland (III.). Due to the geographical location and the same language there is a lively exchange of employed and self-employed persons. Especially a great many German construction workers are carrying out an employed activity in Switzerland. It should show whether and how the different countries treat the issues of construction workers, in general, and of international mobile workers, in particular and assure their social protection. In concrete, the paper views the national legislations of Austria, Germany, and Switzerland in the area of work incapacities and diseases caused by pursuing occupational activities. The paper examines the statutory social protection against short-term unemployment during the winter months … or more generally„ the protection against the loss of income due to non-working periods caused by weather conditions.

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Dissertation
Changes in the way of financing old-age pensions in the twenty-first century
Authors: --- ---
Year: 2012 Publisher: Leuven K.U.Leuven. Faculteit Rechtsgeleerdheid

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Ageing societies lead to greater pressures onpublic spending, for the European Union it is projected that age-related public spending will increase by 10 per cent of Gross Domestic Product by 2050. The still on-going economic crisis makes the challenges created by ageing even more acute, as most European countries are still in the middle of an economic recession and many European members states are in a public depth crisis. Te purpose of this research was to find out if and how the economic crisis of 2008 and the pressure to maintain fiscal stability in the light of an ageing population has changed old-age pension systems, and especially the financing of these systems, within the European Union. The study looked at the European framework supporting pension reforms before examining pension reforms introduced in the E.U. since 2008 to find those countries, where changes in financing pensions were introduced. Hungary and Ireland then served as country studies and the background and aim of the reforms in both countries were researched further. The principal conclusion was that the crisis triggered reforms that were already planned before the crisis hit Europe or were caused by irresponsible fiscal policies way ahead of the crisis.

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Dissertation
In search of protection: self-employed persons and the coordination of social security in the EU
Authors: --- ---
Year: 2013 Publisher: Leuven K.U.Leuven. Faculteit Rechtsgeleerdheid

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The Europe 2020 Strategy recognises entrepreneurship and self-employment as key forachieving its objectives of smart, sustainable and inclusive growth. Although the contribution ofself-employment to total employment growth in recent years has been limited1, they hold asignificant share in the group of professionally active persons. According to the annual results ofthe European Union Labour Force Survey 2011, self-employed persons accounted for 15.1 % oftotal EU27 employment in 2011.Self-employment takes different forms in the 27 Member States of the European Union andcovers a wide range of categories of workers, active in different sectors. The freedom ofmovement for persons, which is one of the cornerstones of the European Union and enshrined inits Treaties, is not confined to employed persons but also extends to self-employed persons in theframework of the freedom of establishment and the freedom to supply services. In addition to thisArticle, 48 TFEU provides for the adoption of measures in the field of social security as arenecessary to provide freedom of movement for workersŽ.2 To this end, arrangements shall bemade to secure for employed and self-employed migrant workers and their dependantsŽ.3This makes the group of self-employed persons a subject of EU social security coordination law …and a very interesting one in fact! First of all because originally Regulation (EEC) No 1408/71preceding the EC Regulation 883/2004 on the coordination of social security systems onlycovered workers. Although this was changed in July 1982, when its scope was extended to selfemployedpersons4, some of the current issues in the coordination of social security systems canstill be explained by having a look at its historical background. And secondly because thedifferences in the social security systems for self-employed across the Member States havemade social security an area where changes in the institutional framework for self-employedworkers have been most evident in

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Dissertation
Coordination of capitalised pension in the European Union
Authors: --- ---
Year: 2012 Publisher: Leuven K.U.Leuven. Faculteit Rechtsgeleerdheid

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The European Union (EU) role in the field of social security has progressively developed. Coordinating social security within the EU is one of the fundamental functions of the cooperation of EU Member States. Free movement of workers is one of the vital rights of the individuals within the community and thus makes coordination to be one of the key pillars of the community legislations since inception. This research aims to examine legislations dealing with the coordination of capitalised pension and the challenges facing them. Funded schemes have been more and more seen as a solution to increasing pressure on most pension systems, mainly heightened by demographic, socioeconomic and labour market changes. Consequently, coordinating these schemes is of utmost importance. Within the EU, coordination of funded schemes is mainly achieved through Regulation 883/2004 and Directive 2003/41/EC. Other Directives include Directive 98/49/EC, Directive 2008/94/EC and the Directive on improving the portability of supplementary pension rights (COM (2005) 507. One of the finding from this research is fact that despite various instruments covering funded pensions, gaps still exist which requires further policy attention to ensure sustainability of funded schemes as well as the adequacy of pensions.

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Dissertation
Reap the whirlwind: A comparison of a number of countries regarding available risk management tools for farmers relating to natural disasters
Authors: --- ---
Year: 2013 Publisher: Leuven K.U.Leuven. Faculteit Rechtsgeleerdheid

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This paper analyses a number of countries with regards to the agricultural risk management tools that are available, in particular to protect farmers against the risk of loss of income following a natural disaster.The paper begins by comparing and contrasting the definitions of a number of key terms, such as agricultural activity, farmer and natural disaster. It finds that there are a range of definitions used by different countries and international organisations.A review of the available risk management tools then follows. There are a number of potential solutions to the problem of risk associated with natural disasters, each its own particular key features. The advantages and disadvantages of each of these tools are also considered.The main part of the paper consists of a review of a number of EU member states, and Turkey, with regards to the level of protection that is available within the countrys agricultural insurance sector (both private and public), and the framework under which it is offered.The various features of the sector in each country are then compared, and any common features and key differences. The strong link between the level of government support and the range of risks for which insurance is available is noted. In addition, a strong link between the proportion of small farmers in the country and the level of subsidy paid is noted; this firmly supports the view that agricultural insurance subsidies are part of the social security system.

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Dissertation
Mobility of Workers in Cyprus and Portability of Pension Rights
Authors: --- ---
Year: 2011 Publisher: Leuven K.U.Leuven. Faculteit Rechtsgeleerdheid

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The first objective is to present the migration flow in Cyprus, through its evolution over time, with reference to basic characteristics of the mobile workers choosing Cyprus as their destination. ¤his analysis is based on the main determinants and pull factors that affect their decision on migration. The second objective is to explore the accessibility and portability of pension rights for migrants in Cyprus. The whole research for this paper is done through an extent analysis of the legal provisions on free movement , international legal provisions, EU Regulations, Bilateral Agreements and National legal provisions. The research question we will deal with in this paper is the following: How is the access to social security benefits and portability of pensions protected for mobile workers migrating to Cyprus?

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Dissertation
The social security of mobile journalists in war zones : a comparative study of Germany, United Kingdom, Italy).
Authors: --- ---
Year: 2011 Publisher: Leuven K.U.Leuven. Faculteit Rechtsgeleerdheid

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As war conflicts are dramatically increasing from one corner of the world to the other, the attention of the public opinion travels at the same pace together with journalists/ news reporters who are becoming more and more mobile. No longer content with the local correspondents, the media are nowadays using their war reporters - journalists who report news related to world crisis.With the aim to shed light on the events which take place in these huge theatres of war, journalists and photojournalists from all the world, dispatched or working as freelancers, are closely following developments in these dangerous areas. There are more and more media workers in search of the truth and in countries where very often history is made. Reporting of the news from the field and not just through press releases is on my opinion, a good service which contributes to the enhancement of the mission of journalism. Journalists and news reporters are dispatched in conflict areas to be able to tell human stories, but unfortunately, often, they are becoming the protagonists of the war scene.This master paper will focus in some aspects of the social protection of mobile journalists, who are dispatched from Europe to other countries outside EU. In this paper, i will describe what journalists and news reporters would be reluctant to tell, their social protection when on a mission in dangerous areas. Based on interviews that I tried to make, the first reaction of journalists and reporters who were employed in small or large companies or freelancers- was reluctance to speak up about this topic, and in other cases, lack of interest, which was expressed in answers such as I didn't think about this.Their answers then reminded me of a personal experience. A trip to the Former Yugoslav Republic of Macedonia, in a search for aftermath human stories in a Tetovo which was still shattered by the war, schism and hatred.The war was over indeed, but in its aftermath you could see bullet ridden house

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Dissertation
The division of competences in social security and fiscal matters within the European Federal States : Comparative analysis of three countries: Belgium, Germany and Switzerland.
Authors: --- ---
Year: 2013 Publisher: Leuven K.U.Leuven. Faculteit Rechtsgeleerdheid

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This article looks at the relation between federalism and competences division inthe social protection and fiscal field in three Western European countries: Belgium,Germany and Switzerland.The way these federal states institutionally organize their financial solidarity -between their federated components and according to two axes (i.e. socialprotection and fiscal transfers) - is studied.The procedure followed consists in three points.Firstly, a mapping of the financial solidarity systems in the three studied cases,thanks to an overview of social security and social assistance organizations on onehand and fiscal organization on the other, in each country.Secondly, the three systems are compared in order to open a dialogue between thedifferent institutional sets and extract trends or divergences.Finally, this itinerary allows conclusions about the relation between federalism andpattern of decentralization on one hand as well as between federalism and financialsolidarity or political cohesion on other hand- considerations useful to apprehendthe current Belgian federalism crisis, as well as the European process of integrationfrom a states confederation towards a plausible Federal State.

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Dissertation
Social Security of mobile persons in highly mobile professions : A comparative study of the organization of mobility of United Nations staff in different health insurance plans
Authors: --- ---
Year: 2011 Publisher: Leuven K.U.Leuven. Faculteit Rechtsgeleerdheid

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The mobility policy of the United Nations has a lot of shortcomings. Although it is clear that action isneeded, the lack of mobility management and mobility culture hinder action. This master paperinvestigates that problem in relation to a more specific area, namely health insurances of the UnitedNations staff. Therefore, the main reseach question is: How is mobility of United Nations stafforganized in different health insurance plans and what are the problems concerning this organization?Ž.The used methodology will have a great impact on this study. The methodology exists of the study and comparison of the internal rules of four different health insurances concerning mobility. This willshow some silimarities and differences in the organization of health care and its influence on theorganization of mobility. However, it will become clear that the general problems concerning mobilityin the United Nations, are also the main problems affecting the mobile character of the healthinsurances. The fact that health insurances are no part of the common system of the United Nations,makes it even more difficult to solve the problems.

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