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Robert E. Leu, Frans Rutten, Werner Brouwer, Christian Rütschi, Pius Matter - The Swiss and the Dutch health care systems compared

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Robert E. Leu, Frans Rutten, Werner Brouwer, Christian Rütschi, Pius Matter

The Swiss and the Dutch health care systems compared

Series: Gesundheitsökonomische Beiträge

Volume 53 2008

Results in this title

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Appendix: Long term care in Switzerland S. 153-158

„… years can pay money into a long-term care-savings account . These savings would serve to cover future …” „… 15317. Appendix: Long term care in SwitzerlandIntroductionAccording to the OECD report (2005b …” „… ) long-term care comprehends a broad spectrum of services for frail elderly needing help with daily activities …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Where the two countries can learn from each other S. 148-153

„… care in SwitzerlandIntroductionAccording to the OECD report (2005b) long-term care comprehends a broad …” „… getting dressed. Demand for long-term care by the elderly is expected to increase in industrialised …” „… national health care expenditures devoted to long-term care is expected to grow as well and concern about …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Reforms S. 31-33

„… 31Long-term careThe cantons are responsible for the organisation and control of long-term care for …” „… the elderly. Long-term care is above all ensured by nursing homes and services provided at home …” „… ? nancing of long-term care costs.1.6 ReformsThe hallmark of the Swiss health system – its decentralized …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Supply of care S. 30-31

„… Long-term careThe cantons are responsible for the organisation and control of long-term care for the elderly …” „… . Long-term care is above all ensured by nursing homes and services provided at home (SPITEX). Certain …” „… elderly who can afford it. This creates a continuing discussion concerning the ? nancing of long-term care …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Comparison S. 64-67

„… insured are free to switch between insurers on an annual basis, investing in longer term health may not be …” „… functional terms. Seven broadly-de? ned functions create considerable freedom for arranging indicated care in …” „… living in their own homes for as long as possible, whether they receive their care at home or in an …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Netherlands S. 128-131

„… compartmentIn the ? rst compartment, regulated under the Exceptional Medical Expenses Act, home care and long …” „… term care are contracted by the regional health care of? ces (Zorgkantoren) operated by an insurer …” „… terms. The latter gives more room to ? nd unconventional ways of providing care and to have more …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi References S. 159-168

„… the RAND Health Insurance Experiment, Harvard University Press.Norton, E. C. (2000), Long-Term Care …” „… ), Long-term Care for Older People, Organization for Economic Cooperation & Development, Paris.OECD (2006 …” „… ), ‘Managed Care-Modelle’, Experten-/Forschungsberichte zur Kranken-und Unfallversicherung, Bundesamt für …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Executive Summary S. 15-20

„… Switzerland. The difference is mainly due to dental care, rehabilitation, long-term care and cost sharing in …” „… long tradition using managed care models (HMOs, IPAs and Gate-keeping models) going back to the early …” „… freedom to act as purchaser of care.Expenditures Total expenditures as share of GDP have grown faster in …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Netherlands S. 144-145

„… parliament is presently discussing proposals to extend the term of contracts for managed care models from one …” „… care.A number of prevention programs have additionally been set up at the federal level over the past …” „… Status and Forecasts’, an extensive report presenting new data and insights about public health, care and …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Comparison S. 145-146

„… discussing proposals to extend the term of contracts for managed care models from one to three years …” „… is believed to be an attractive feature of the care offered in their insurance policies. Some point …” „… to the fact, however, that a clear incentive for insurers to keep their insured healthy in the long …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi The future S. 39-41

„… , while the Exceptional Medical Expenses Act (AWBZ) introduced in 1968 continues to cover long term care …” „… long term care. Importantly, the entitlements to care under the AWBZ are normally assessed by an …” „… especially important concerning de? nitions in medical supply such as acute versus long-term care and mental …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Introduction: a brief history S. 33-35

„… national insurance basis for long term care (Exceptional Medical Expenses Act - AWBZ) in 1968, the legal …” „… market-orderings:a. Long-term nursing and care. This ? rst compartment includes the so-called ‘catastrophic risks …” „… disorders and psychiatric patients requiring long-term nursing and care (VWS, 2006). In terms of …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi The reformed second compartment S. 37-39

„… the ? rst compartment (long term nursing and care), this compartment should not be reformed on 8 …” „… , while the Exceptional Medical Expenses Act (AWBZ) introduced in 1968 continues to cover long term care …” „… long term care. Importantly, the entitlements to care under the AWBZ are normally assessed by an …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi General structure of the system S. 35-36

„… arrangements and market-orderings:a. Long-term nursing and care. This ? rst compartment includes the so-called …” „… mental disorders and psychiatric patients requiring long-term nursing and care (VWS, 2006). In terms of …” „… . It was intended to provide for the considerable ? nancial consequences of serious long-term illnesses …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Netherlands S. 62-64

„… dysfunctions), and to long-term medical treatment (nursing or personal or home care) (Stolk and Rutten, 2005 …” „… , investing in longer term health may not be a rewarding option for health insurers. As indicated, the …” „… mental-health treatments are not included at all. Similarly, dental care is not part of the basic bene? t …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Netherlands S. 72-78

„… , disabled persons, mentally handicapped and psychiatric patients requiring long-term care. Therefore, the …” „… Act comprises care such as nursing home care, long term hospitalisation, home care, etc. Although this …” „… of ‘uninsurable risks’ or ‘catastrophic risks’, such as individuals with serious long-term illness …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi General structure of the system S. 24-26

„… ? nancing of long-term care is a further important source. According to the BFS (2006) private households …” „… 26.83 of which long term nursing care 6’586 12.44Total out-patient care 16’262 30.72 of which physician …” „… example, doctors earn more when they provide more services, hospitals create more returns the longer they …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Netherlands S. 136-140

„… typical Dutch patients was again low. In terms of reasons to seek care abroad the short distance to a …” „… - semi-privately and privately insured individuals - treatments in acute and rehabilitation care. Helsana (another …” „… NetherlandsCross-border care provision is of interest in the Dutch context as well. While domestic mobility is less of an …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Switzerland S. 68-72

„… , disabled persons, mentally handicapped and psychiatric patients requiring long-term care. Therefore, the …” „… Act comprises care such as nursing home care, long term hospitalisation, home care, etc. Although this …” „… a longer term of notice, bene? t packages may differ between insurance companies and a questionnaire …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Overview S. 147-148

„… . long-term care and curative care) with only a few entitlements being arranged by the municipalities, the …” „… about 28% (BFS, 2006). The difference is mainly due to dental care, rehabilitation, long-term care and …” „… main features of the Swiss and the Dutch health care system. There are a number of differences and …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Netherlands S. 108-110

„… (unnecessary) care consumption. Most co-payment schemes were more costly to implement than they saved in terms …” „… demand for health care if individuals have the choice of different levels of cost sharing (Manning …” „… to have low health care costs will probably choose a higher deductible than those who suffer for …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Health expenditures S. 41-44

„… especially important concerning de? nitions in medical supply such as acute versus long-term care and mental …” „… States devoted more ? nancial means to health care in both absolute and relative terms. In the …” „… two health care systems on selected topics. Most of the comparisons are based on data of the OECD …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Governance structure: changing paradigms S. 36-37

„… that given the characteristics of the care and care recipients in the ? rst compartment (long term …” „… 36majority of hospitals and other care institutions are privately owned, which sometimes also …” „… relates to their history as a voluntary or charity institution. These suppliers provide care as …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Netherlands S. 102-104

„… risk formula (Beck et al. 2006, Leu & Beck 2007). Beck et al. (2006) simulate the long-term gains of an …” „… insured will remain unattractive in the long term.9.3 NetherlandsThe risk equalisation system is a central …” „… and crucial part of health care systems based on consumer choice and mobility of insured. The adequate …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Introduction: a brief history S. 23-24

„… provides information on the markets for ambulatory care, stationary care and long-term care. Finally …” „… features of the Swiss health care system. Section 2.1 provides a short overview over the history of that …” „… historyThe historic development of the Swiss health care system can be sketched brie? y following Achtermann …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Switzerland S. 125-128

„… 12513. Contracting13.1 IntroductionSelective contracting is a crucial aspect of health care systems …” „… bilateral negotiations between individual insurers and providers of care is that ef? ciency gains may emerge …” „… to effectively steer the health care delivery market in the direction desired by the consumers. If …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Governance S. 26-28

„… predominantly active in the ? eld of long-term care (organisation and ? nancing of home care for the elderly and …” „… care system can be explained both historically and in terms of current politics. The Federal …” „… 261.3 GovernanceSwitzerland has - as mentioned above - one of the most decentralised health care …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Switzerland S. 107-108

„… long been a controversial issue in the Dutch health care sector. There was quite some political and …” „… more costly to implement than they saved in terms of reduced care consumption. Examples were the …” „… care beyond the point where marginal bene? ts exceed marginal cost. The most prominent cost sharing …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Switzerland S. 55-56

„… regulations apply concerning payment and entitlements. The ? rst compartment regarding long-term care is …” „… two reasons. First, a person may not get the drugs or health care needed if the care provider is not …” „… - someone else ( the insured or the tax payers) has to pick up the bill for the health care received. For …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Introduction S. 41

„… especially important concerning de? nitions in medical supply such as acute versus long-term care and mental …” „… States devoted more ? nancial means to health care in both absolute and relative terms. In the …” „… two health care systems on selected topics. Most of the comparisons are based on data of the OECD …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Introduction S. 21-22

„… health policy (chapter 16). The main characteristics of long term care in Switzerland are outlined in the …” „… Western world countries struggle to improve the performance of their health care systems and to control …” „… health care expenditures. But the recipe for an affordable, accessible, ef? cient and high quality system …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Switzerland S. 113-115

„… 11311. Models with restricted access to health care providers11.1 IntroductionUnder traditional …” „… fee-for-service payment suppliers of care have incentives to provide as many services as possible even beyond the …” „… themselves (moral hazard). In principle, doctors and patients all want the care to be available which …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Titelei/Inhaltsverzeichnis S. 2-9

„… can learn from each other 14817. Appendix: Long term care in Switzerland 153References 159 …” „… . Leu/Frans Rutten/Werner Brouwer/ Christian Rütschi/Pius MatterThe Swiss and the Dutch health care systems …” „… health care system, particularly certain legal aspects. Finally, the report pro? ted from valuable …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Introduction S. 51-55

„… general comparison of the health care systems in the Netherlands and Switzerland that these are quite …” „… to determine which type of care is covered by the basic bene? t package. The de? nition of the basic …” „… de? nition the higher will be health care costs due to moral hazard. Reducing coverage by eliminating …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Switzerland S. 99-102

„… the long term.9.3 NetherlandsThe risk equalisation system is a central and crucial part of health care …” „… 2007). Beck et al. (2006) simulate the long-term gains of an insurer from a risk selection strategy in …” „… . Third, it adversely affects the development of managed care organisations by insurance companies since …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Switzerland S. 133-136

„… constitute barriers for the insured in terms of health care utilisation. Incentives for using more distant …” „… respect to health care utilization, e.g. use more distant suppliers of care offering better quality …” „… policy makers when borders are crossed and these borders have some meaning for the health care system …”

Werner Brouwer, Robert E. Leu, Pius Matter, Frans Rutten, Christian Rütschi Netherlands S. 56-58

„… regulations apply concerning payment and entitlements. The ? rst compartment regarding long-term care is …” „… NetherlandsThe Dutch health care system comprises three distinct compartments. In these three schemes different …” „… funded by income dependent premiums a State Subsidy and out of pocket contributions from care recipients …”

doi.org/10.5771/9783845210704

Maximilian Fuchs, Robertus Cornelissen - EU Social Security Law

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Maximilian Fuchs (ed.), Robertus Cornelissen (ed.)

EU Social Security Law

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2015

Results in this title

Article 34 Overlapping long-term care benefits Karl-Jürgen Bieback S. 301-307

„… Overlapping long-term care benefits (1) If a recipient of long-term care benefits in cash, which have to be …” „… inform the institution of the place of residence or stay about the payment of long-term care cash …” „… benefits where the legislation applied by the latter institution provides for the long-term care benefits …”

Article 1 Definitions S. 67-87

„… reimburse the cost of medical care and products and services ancillary to that care. This include long-term …” „… breadth of the term “benefits”. Civil servant, special scheme for civil servants For so long as they are …” „… our opinion, it is no longer necessary to refer to former case law concerning the term “civil servant …”

Article 2 Persons covered S. 87-94

„… benefits in case of sickness (including long-term care benefits), widow and widower benefits as survivor …” „… long-term resident status, to register as a job-seeker with the employment services of the Member State …” „… if in between these careers in two Member States a longer period has been spent outside the EU) or …”

Part 3: Association Agreements S. 553-571

„… – long-term care benefits 7 8 – rehabilitation benefits 7 8 – residence clauses 7 1 – restriction of 64 1 …” „… long-term care pre 17 pp 23, 36 4 Lugano Convention AA 12 maternity benefits 3 8, pre 17 pp 19 medical …” „… 8 deterioration by Reg. No. 883/2004 87a 3 differentiation of sickness and long-term incapacity for …”

Article 14 Voluntary insurance or optional continued insurance Heinz-Dietrich Steinmeyer S. 201-204

„… schemes of the Member States is that, except long-term care insurance, they mostly allow voluntary …” „… sufficient as long as there used to be such a connection in the past. Thus, it is clarified that a place of …” „… his/her career, to the legislation of the first Member State because or as a consequence of an activity as …”

Overview Karl-Jürgen Bieback S. 209-226

„… of Long-term Care Benefits – current situation and future prospects, trESS Think Tank Report 2011 …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 4. Long-term care benefits …” „… . Long-term care benefits Reg. No. 883/2004 now expressly regulates in Art. 1 (va) under “benefits in kind …”

Article 23 Right to benefits in kind under the legislation of the Member State of residence Rolf Schuler S. 284-286

„… legislation (Art. 30). As long-term care benefits are allocated to sickness benefits, the regulation of …” „… could lead to the person concerned having paid contributions into a long-term care insurance for many …” „… another Member State in which long-term care benefits are not provided for (or only modestly). In a case …”

Article 21 Cash benefits Karl-Jürgen Bieback S. 269-277

„… Reg. No. 987/2009 Long-term care benefits in cash in the event of stay or residence in Member State …” „… be entitled to long-term care benefits in cash pursuant to Article 21(1) of the basic Regulation, the …” „… long-term care. The competent institution shall give the institution of the place of residence all the …”

Article 3 Material Scope Maximilian Fuchs S. 94-118

„… benefits, namely payment of a long-term allowance for incapacity for work, were to be expected due to a …” „… as the risk of permanent or at least long-term reduction or loss of the capacity for work resulting …” „… on various occasions, e.g. concerning family benefits like child-care allowances which are granted to …”

Article 16 Exceptions to Articles 11 to 15 Heinz-Dietrich Steinmeyer S. 205-209

„… ; Haverkate/Huster, Europäisches Sozialrecht, 1999; Jorens/Spiegel u.a., Coordination of Long-term Care Benefits …” „… required skills concerning specific matters. In those cases there is only a short-term employment of at …” „… , only a short-term posting was planned that later proved to be exceeding the period of 24 months that is …”

Article 17 Residence in a Member State other than the competent Member State Karl-Jürgen Bieback S. 226-240

„… the cost of medical care and products and services ancillary to that care". In this respect the Reg …” „… . follows the final definition of this term by the CJEU (Case C-208/07 (von Chamier-Glisczinski), EU:C …” „… pensioners or the payment of a contribution to the pension insurance for carers. Key criteria of the CJEU …”

Article 36 Right to benefits in kind and in cash Maximilian Fuchs S. 317-327

„… products and services ancillary to that care. Pursuant to s. 2 this provision also includes long-term care …” „… . No reference is made in Art. 36 to the provisions for long-term care benefits in cash in Art. 34 …” „… legislation pursuant to the provisions of Art. 11 cf. The term benefits in kind is defined in Art. 1 (va) (ii …”

Article 82 Medical examinations Rob Cornelissen S. 489-495

„… of a recipient or a claimant of the long-term care benefits mentioned in Article 34 of the basic …” „… invalidity benefits, sickness benefits, long term care benefits, benefits in respect of accidents at work and …” „… , Art. 28 IR (long term care benefits) on the examination concerning the degree of dependency and Art …”

Overview S. 353-357

„… poverty, access to health benefits and changes in the need for long-term care. The Commission stressed in …” „… framework for ensuring dialogue on national strategies for the long-term security of appropriate …” „… particular the problem of maintaining and/or achieving long-term sustainable yet appropriate, secure pensions …”

Article 33 Substantial benefits in kind Karl-Jürgen Bieback S. 300-301

„… benefits listed above.” Article 34 Overlapping long-term care benefits (1) If a recipient of long-term care …”

Article 10 Prevention of overlapping of benefits Rolf Schuler S. 159-161

„… to cash benefits for long-term care (vis-a-vis the institution of the competent Member State) and …” „… claims to benefits in kind for long-term care (vis-à-vis the institution of the Member State of residence …” „… no longer needed. II. Commentary Exclusion of the receipt of more than one benefit of the same kind …”

Article 4 Equality of treatment Bettina Kahil-Wolff S. 118-135

„… limitation is a long-term one (Case C-335/11 and C-337/11 (HK Danmark), EU:C:2013:222). An employer who …” „… Benefits and obligations in the field of social security The terms “benefits” and “obligations” show that …” „… effect as Art. 5. Under the legislation of any Member State The term “legislation” is defined in Art. 1 …”

Overview Rolf Schuler S. 339-341

„… has long since made it a condition of eligibility that the concept of social security should also …” „… . 1408/71 had explicitly mentioned ‘Benefits to maintain or improve capacity for work’. No longer mentioned …” „… on coordination. The law on allocating care needs to social security, as a new component, is not …”

Article 44 Persons subject only to type A legislation Rolf Schuler S. 341-344

„… included in respect of the risk attached to invalidity. The CJEU has long since made it a condition of …” „… ‘Benefits to maintain or improve capacity for work’. No longer mentioned explicitly in Art. 3, these …” „… . The law on allocating care needs to social security, as a new component, is not regarded as relating …”

Article 19 Stay outside the competent Member State Karl-Jürgen Bieback S. 242-255

„… “agreement” “should” be made between the insured person and the “institution providing the care”. The term …” „… the family staying in the competent State is no longer restricted. However, by making an entry in the …” „… agreement between the person concerned and the institution providing the care. Article 25 Reg. No. 987/2009 …”

Article 35 Reimbursements between institutions Karl-Jürgen Bieback S. 307-313

„… cash benefits to the place of residence in the case of long-term reliance on care and for medical …” „… benefits in kind in the countries in the case of the reliance on long-term care, but does not specify these …” „… , the creditor institution shall no longer be entitled to charge interest on late payments related to …”

Overview Rolf Schuler S. 281-284

„… sickness and maternity benefits (and long-term care benefits) granted by the competent institution of the …” „… person concerned was subject for the longest period of time (2) the legislation to which the person …” „… sickness, maternity and care. Art. 24 only applies in the event such an entitlement is not provided for and …”

Article 27 Stay of the pensioner or the members of his/her family in a Member State other than the Member State in which they reside – Stay in the competent Member State – Authorisation for appropriate treatment outside the Member State of residence Rolf Schuler S. 290-293

„… , maternity and long-term care benefits. See Art. 29 with regard to cash benefits. Part 2: Regulation (EC) No …” „… of Art. 20 for residence in another Member State with the purpose of receiving medical care in said …” „… where the former frontier worker last pursued his activity is no longer the competent Member State, and …”

Article 72 Tasks of the Administrative Commission Rob Cornelissen S. 441-453

„… Forum is to have a reflection process within the Administrative Commission on the long-term perspective …” „… workers in the coal and steel industries. The 1955 Messina Conference redefined the terms of reference …” „… Member State. By virtue of Art. 25(1) IR, the insured person must present to the health care provider in …”

Article 7 Waiving of residence rules Rolf Schuler S. 146-150

„… , Case 69/79 (Jordens-Vosters), EU:C:1980:7) and for long-term care insurance benefits in cash (CJEU …” „… term place of residence see Art. 1(j). The wording of this provision prescribes the provision of all …” „… cash benefits that fall within the material scope of the Reg., individual risks are no longer mentioned …”

Article 67 Members of the family residing in another Member State Franz Marhold S. 422-424

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1. Definition of terms …” „… family benefits. II. Commentary Definition of terms Person Uniform rules for all groups of persons have …” „… social security within the scope of the matters covered. There is no legal definition of the term “person …”

Article 28 Special rules for retired frontier workers Rolf Schuler S. 293-295

„… If the Member State where the former frontier worker last pursued his activity is no longer the …” „… Member State is competent for sickness, maternity and longterm care benefits in compliance with …” „… term “continuation of treatment” in para. 1(2) is given a broad legal definition. It is linked to the …”

Special rules of the IR Rob Cornelissen S. 544-553

„… ) is no longer of importance for the EU/Switzerland agreement since 1 April 2012, the date of entry …” „… . In a number of cases the old Reg. No. 1408/71 and 574/72 continue to apply, sometimes for a very long …” „… its health care system. The father works as a frontier worker in Member State B. The father is subject …”

Article 22 Pension claimants Karl-Jürgen Bieback S. 277-281

„… sickness and maternity benefits (and long-term care benefits) granted by the competent institution of the …” „… Personal scope: Pension claimant and members of the family Like all terms in the coordination legislation …” „… of the Regulation, the term submission of a claim must be defined independently of national …”

Article 55 Overlapping of benefits of a different kind Rolf Schuler S. 376-379

„… (see Art. 53 (2) and, in accordance with Art. 52 (1)(2), differentiates pensions in terms of whether …” „… pensions to be aggregated (no longer the reduced sums), which are divided, after which the remaining sum is …” „… regarded as a pensioner, which is particularly important as regards the rules on sickness and care benefits …”

Article 48 TFEU Rose Langer S. 51-58

„… . 574/72 for implementing Reg. No. 1408/71, which after long preparation were in turn replaced by Reg. No …” „… concerned here with a special term under social insurance legislation that refers to the national …” „… and C-5/95 (Stöber and Pereira), EU:C:1997:44). Reg. No. 883/2004 no longer includes any restrictions …”

Article 70 General provision S. 432-440

„… both categories mentioned and thus defy any general classification.” The term hybrid benefits was …” „… or from public funding (cf. also in this respect the famous Case of Austrian care allowance in the …” „… ensure the necessary care and the supervision of those persons, where it is essential, in their family or …”

Article 20 Travel with the purpose of receiving benefits in kind – authorisation to receive appropriate treatment outside the Member State of residence Karl-Jürgen Bieback S. 255-269

„… . 1408/71, now Art. 19 Reg. No. 883/2004. Other chronic diseases needing long-term treatment, pregnancy and …” „… provided for under national legislation for these cases. A cross-border right to health care benefits can …” „… criteria acknowledged by the CJEU and introduced in the 1981 reform and no longer to the “normal” time …”

Titelei/Inhaltsverzeichnis S. 1-17

„… long-term care benefits ...............................................Article 34 284 Reimbursements …”

Article 11 General rules Heinz-Dietrich Steinmeyer S. 167-180

„… are covered by the Regulation. The applicable legislation with regards to health care insurance of a …” „… accepted if the insured person enjoys advantages in terms of the calculation of benefits due to taking the …” „… benefits as long as they meet the requirements of the primary law. The decision does not lead to the …”

Article 65 Unemployed persons who resided in a Member State other than the competent State Maximilian Fuchs S. 406-417

„… longer fall within the scope of the provision. A new provision of importance is that frontier workers may …” „… working for the same employer under the terms of a new contract, this time a part-time contract (13 …” „… questions of the interpretation of the content of the terms and under which legislation the terms fell. The …”

Article 12 Special rules Heinz-Dietrich Steinmeyer S. 180-191

„… undertakings with long-term construction work contracts outside the territory of the Member State in which the …” „… Regulation in cases of short-term work performance in another Member State. This is certainly one of the …” „… situated. In this situation, there can no longer be any guarantee of maintaining the direct relationship …”

Article 45 TFEU Rose Langer S. 38-51

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 a) The term worker …” „… . Commentary Personal scope The term worker The personal scope of Art. 45 TFEU encompasses workers within the …” „… meaning of Community law (CJEU, Case 75/63 (Unger), EU:C:1964:19). This term is given a broad …”

Article 46 Persons subject either only to type B legislation or to type A and B legislation Rolf Schuler S. 345-348

„… concordance. Otherwise, in terms of comparative law, it is possible to establish some mainly conceptual …” „… that institution, or otherwise for as long as the person concerned satisfies the conditions for such …” „… down by the national legislations concerned or, where such conversion is not provided for, for as long …”

Article 87 a Transitional provision for application of Regulation (EU) No 465/2012 Rob Cornelissen S. 528-541

„… date shall continue to apply to him/her for a transitional period lasting for as long as the relevant …” „… situation remains unchanged and, in any case, for no longer than 10 years from the date of entry into force …” „… of Regulation (EU) No 465/2012. Such a person may request that the transitional period no longer …”

Article 76 Cooperation Rob Cornelissen S. 464-473

„… institutions of the other Member States for as long as they have not been withdrawn or declared to be invalid …” „… covered by and within the terms of the basic Regulation and the implementing Regulation. Part 2 …” „… level, Member States are free to determine their social security schemes, in terms both of content and …”

doi.org/10.5771/9783845257662

Taco Brandsen, Paul Dekker, Adalbert Evers - Civicness in the Governance and Delivery of Social Services

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Taco Brandsen (ed.), Paul Dekker (ed.), Adalbert Evers (ed.)

Civicness in the Governance and Delivery of Social Services

Series: International Civil Society

Volume 6 2010

Results in this title

Kai Leichsenring Introducing civicness in steering and managing social services. Cases from long-term care S. 113-124

„… . Cases from long-term care This contribution deals with the challenge of strengthening civicness in …” „… the context of long-term care systems to show how a type of systemic organizational development that …” „… years in the context of long-term care systems. Both examples are linked to policy discourses related …”

Stéphane Nassaut, Marthe Nyssens Civicness and service governance: the case of the Belgian quasi-market in the field of proximity services S. 153-180

„… well as workers) are potentially vulnerable (the elderly and/or physically impaired, the long-term …” „… the long-term unemployed, the low-skilled or immigrants. Although, unlike other quasi-markets in …” „… long-term jobs for the most disadvantaged workers, notably those who have not reached the upper secondary …”

Ota de Leonardis Organization matters: contracting for service provision and civicness S. 125-152

„… and health-care services may have on civicness – by which we understand a certain quality of the …” „… terms of democracy. References to these cultural characteristics also occur in the interpretation of …” „… these policy areas that are the most promising in terms of our analysis, and may allow us to establish …”

Taco Brandsen Civicness in organizations: a reflection on the relationship between professionals and managers S. 67-82

„… and arbitrary judgement, long-term sustainability. Depending on their position, one member of the …” „… . 1. Introduction Not long after I started a new job in the summer of 2007, one of the senior …” „… , it is hard to maintain that love, care and commitment disappear as soon as people receive financial …”

Bernard Enjolras Between market and civic governance regimes: civicness in the governance of social services in Europe S. 249-272

„… framework within the field of long-term care services. The process of accessing public services involves an …” „… European countries. In the field of long term care, market-based regulation has been introduced in the UK …” „… local governance in social services. In the UK, in the field of long-term care, new types of agreements …”

Sílvia Ferreira Researching civicness contexts and conditions: the case of the Portuguese welfare mix in social services S. 227-248

„… paragraph entitled “public responsibility”: “the long-term interests of the organization and their staff …” „… the social relationship of care in the context of a community where these relationships are …” „… state. However, the international context was no longer favourable and the national context presented …”

Adalbert Evers Civicness, civility and their meanings for social services S. 41-66

„… citizens Viewed over the longer term and in the light of other more recent discourses on welfare and …” „… increasing pluralism in terms of co-existing bundles of service images that were no longer parts of …” „… who is long-term unemployed, on the other hand, may entail all kinds of enforced conformity and …”

Evelien Tonkens Civicness and citizen participation in social services: conditions for promoting respect and public concern S. 83-98

„… issues like planning, budgeting or long-term and abstract policy goals, issues in which their experience …” „… in terms of respect and public concern? And what prevents citizen participation from doing so? I …” „… ’ participation in health care, Trappenburg shows that much of the work of clients boards involves financial …”

Taco Brandsen, Paul Dekker, Adalbert Evers Civicness in the governance and delivery of social services S. 9-18

„… sources. Leichsenring describes two distinctive examples in the context of long-term care systems to show …” „… civilization. Not only are such claims to exclusivity dubious in empirical terms, they also lead us into a …” „… introduce the unusual term ‘civicness’ as a catalyst for this crossing of spheres and cross-disciplinary …”

Håkon Lorentzen Civicness and ownership. Volunteer Centers between state and civil society S. 181-200

„… has, for a long time, been related to the public conquest of civil, unregulated fields. And …” „… of the social democrats was, for a long time, to replace philanthropy with state-financed …” „… associations). “Leisure time” is a term complimentary to paid work, at the centers voluntary activities were …”

Titelei/Inhaltsverzeichnis S. 2-8

„… services. Cases from long-term care 113 Ota de Leonardis Organization matters: contracting for …” „… shown during our struggle with civicness and for their willingness to use this term as a point of …”

Janet Newman Civicness and the paradoxes of contemporary governance S. 273-284

„… ‘civic’ and its possible articulation with the idea of ‘civility’. These two terms are very close – at …” „… (Marquand 2004). In Newman and Clarke (2009) these transformations are analysed in terms of concurrent …” „… such that people were encouraged to take better care of their environment, and the development of …”

Victor Pestoff Civicness and the co-production of social services in Sweden S. 99-112

„… , it was argued. However, the transaction costs of switching providers of most long term social …” „… long-term contacts. This places them in the position of being active subjects in the provision of such …” „… the public sphere as women began to enter the labor market and no longer provided such services at …”

Paul Dekker Civicness: from civil society to civic services? S. 19-40

„… and citizenship: two words which are closely linked in etymological terms and two phenomena which are …” „… ’ civility: “The term “civility” has usually, both in the past and in its recent revival, been interpreted …” „… , is not civility but the unusual term ‘civilness’. ‘Civil’ and ‘civic’ seem to be more or less …”

doi.org/10.5771/9783845222400

Ines Verspohl - Health Care Reforms in Europe

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Ines Verspohl

Health Care Reforms in Europe

Series: Schriften zur europäischen Arbeits- und Sozialpolitik

Volume 10 2012

Results in this title

Open Method of Coordination in health and long-term care S. 63-68

„… and long-term care The Open Method of Coordination is one of the new soft instruments within the “new …” „… , whereas the implementation is up to the member states. The OMC in health and long-term care is the …” „… selection of comparable indicators. Developing the indicators for health and long term care was much more …”

Reform history S. 101-110

„… – ZVW (100%) Tax funded scheme for heavy diseases and (long-term) care – AWBZ (100%) Covered share of …” „… pharmaceuticals (for long-term indications), ambulance services, and a defined basic dental care. An insurance …” „… purple coalition was very successful in preventing the rise of health care expenditures. In terms of …”

Structural factors in health care S. 25-28

„… long-term care. Long-term care is not part of this study, but not all countries clearly delineate it from …” „… health care,because health care is far more complex than pension and unemployment policies. The relation …” „… research fruitful for the study of health care reforms. Welfare state scholars have historically neglected …”

Privatisation S. 188-196

„… allows the counties to react to increasing demand without long-term investments in facilities and …” „… sparsely populated North. 6.7.1.3 Shared responsibility Provision of health care services is the core …” „… medical care for frail elderly still lies with the counties – in practice the line is not a clear one …”

Conclusion EU impact S. 72-74

„… health as an individual right. The Open Method of Coordination in Health and Long-term care and the …” „… the European Commission have such a framework as of now. As long as no health care logic exists, will …” „… level. However, as long as no clear health care vision exists at the European level, the market logic …”

Conclusion OMC S. 71-72

„… Protection, and Equal Opportunities26. None of the Commission staff working on health and long-term care has …” „… Commission have such a framework as of now. As long as no health care logic exists, will health care policy …” „… , as long as no clear health care vision exists at the European level, the market logic will continue …”

Devolution S. 182-188

„… Services Act and provided by the counties on the same terms as somatic care …” „… by a care-basket as in social insurance countries, but by prioritisation. Three universal, but ranked …” „… hospital care. Demand-side measures are politically sensitive issues. Hence, politicians refer to …”

Health and Health care S. 20-21

„… system. However, the aim of this study is to explore change in "normal" times. Furthermore, long-term …” „… these countries was therefore always the result of extraordinary situations external to the health care …” „… care is excluded from the study. Dedicated social security schemes for the frail elderly are a new …”

Hospitals S. 261-266

„… Diakonie, in particular, has been accused of wage dumping in long-term care. This could also spread to …” „… nursing care in hospitals. Due to the long average stay, Germany has a high rate of nurses per 1,000 …” „… 261 Bavaria and the health care expert of the SPD, Lauterbach, even questioned the whole system …”

Commissions favourite S. 68-71

„… working on health and long-term care has a favourite national model. On the contrary, they are quite …” „… economic crisis on health care systems and overall health status, cannot be evaluated as data are only …” „… long as the Member States in the SPC do not commonly agree on EU indicators, the hands of the …”

Reform discourse S. 221-227

„… long term, patients and providers should be able to engage in direct contractual relations; the patient …” „… (including income from capital). Comparative studies of health care reforms quite often focus only on the …” „… model to the public insurance – both in positive as in negative terms. Private patients represent a core …”

Welfare State S. 155-156

„… care, including school nurses, care for frail elderly, the disabled, and mentally ill. 6.2.2 Welfare …” „… system. Education, health -, elder– and childcare were provided on equal terms for the whole society. The …” „… and many elderly and primary care facilities (Blomqvist, 2004). 156 6.2.3 Institutional legacy …”

Dental care S. 196-198

„… public health care with carefully integrated sprinkles of private provision. The opposite holds true for …” „… 196 6.7.3 Public Health Health prevention and promotion plays a central role in Swedish health care …” „… care centres and is necessary to explain the good health status. Swedes do not only get into contact …”

Welfare state institutions S. 53-62

„… Directorate Generals (DG) – comparable to national ministries. Due to its complexity, health care is a subject …” „… pharmaceuticals, private health insurance, and health care professionals. DG SANCO is responsible for public …” „… European Union on health care. Schmidt am Busch applies a broad concept of social health. She distinguishes …”

Institutional legacy S. 97-100

„… includes also long-term care that has thereby been decoupled from health care. The idea is that …” „… topic of this study. However, it has to be taken into account that funding for health and long-term care …” „… introduced to cover the costs of especially heavy and therefore expensive diseases and long-term care. The …”

AWBZ S. 117-120

„… cover the costs of especially serious and expensive diseases and long-term care. The AWBZ does not use …” „… , not on insurance contributions. The AWBZ is more than a long-term care insurance, covering the costs …” „… covers the whole population against high risks, especially long-term care. The main task of the AWBZ is …”

Scope S. 17-20

„… of this study is to explore change in "normal" times. Furthermore, long-term care is excluded from …” „… , health care is the most important sector of the welfare state in terms of recipients and the second most …” „… as well. Next to a fragmented social insurance system, a universal system for long-term diseases …”

Mediated problems S. 299-302

„… of the population Data source: Eurostat The very old are often in need of long-term care. Thus, the …” „… dedicated long-term care insurance in 1994. Hence, the reform pressure from demographic change should have …” „… care reforms? The three theoretical approaches, functionalism, institutionalism, and ideationalism …”

Power-resource approach S. 28-29

„… long-term care. Long-term care is not part of this study, but not all countries clearly delineate it from …” „… 28 by more then four years5. Older people are more fragile and hence have higher health care needs …” „… years, and so the detailed effects are disputed. On the one side, health care needs rise constantly …”

Welfare state S. 96-97

„… governance and funding, to municipalities. This includes also long-term care that has thereby been decoupled …” „… account that funding for health and long-term care was only separated in 2004. Curing public finances has …” „… insurance obligation. They have a particular system of family saving accounts to cover health care costs …”

Europeanization / Globalisation S. 47-52

„… three best performing Euro-countries. The nominal long-term interest rate must not be more than 2 …” „… health care reforms? Different ways and mechanisms for EU-impact have been identified in the literature …” „… judgements on health care systems has been a domain of legal scientists. Regulation is the core mode of …”

Ideas in health care S. 38-45

„… 38 Local health centres as well as private praxis provide ambulatory care – the relation varies …” „… care is accused for its bureaucratic style. Notwithstanding its effectiveness, the NHS has been …” „… Institutionalism The institutional rules of health care, especially in social health insurance countries, created …”

Competition for members S. 279-282

„… in the reforms and the current status. Free markets are still rare in European health care systems …” „… the negative side effects. The third part assesses the effects of these reforms in terms of the …” „… Competition Competition is a new instrument in health care. It has been introduced at all three sides of the …”

Health status S. 89-93

„… 89 5. The Netherlands "In the longer term, the new system is expected, thanks to its greater …” „… dynamism, to ensure a better quality of care, greater cost consciousness, better affordability and more …” „… tailor-made care though greater influence by customers." (Ministerie van Volksgezondheid, p. 18) Market …”

Co-payments S. 204-205

„… ). However, for patients suffering from long-term illnesses, the user-charges for health care …” „… regions to decrease their waiting lists, as the regions with the longest waiting lists profit most from …” „… , chronic diseases and palliative care form the first priority group. The second group comprises …”

Conclusion funding S. 255-257

„… cross-funding via the Social Pension, Unemployment and Long-term care insurance, as well as the Social Insurance …” „… 255 care91 (Statistisches Bundesamt, 1998). The social assistance often had to finance nursing home …” „… of the Social Care Insurance socialised the funding of care for frail elderly, but also shifted it …”

Competition for patients S. 283-284

„… . In long-term care their quality management already works. It remains to be seen whether they can …” „… agency evaluates new treatments and pharmaceuticals and constantly retrains all health care personnel …” „… is responsible for the quality of care and the care basket sets quite narrow definitions. Nonetheless …”

Titelei/Inhaltsverzeichnis S. 2-12

„… impact 62 3.3 Diffusion of ideas 63 3.3.1 Open Method of Coordination in health and long-term care …” „… Convergence towards a Market Model?Health Care Reforms in EuropeNomosInes VerspohlBUT_Verspohl_7071-0.indd 3 …” „… Health Care System Change" in Bremen, Ralf Götze für die Debatten zu den Niederlanden, Roman Böckmann zu …”

Out-of-pocket payments S. 249-251

„… . In the long term the tax subsidy should increase to 10% of GKV costs or 14 billion. The figure of 14 …” „… offset the costs for family policy. This includes: maternity leave, leave to care for a sick or disabled …” „… first decided to eliminate the tax subsidy from 2008 on, but then introduced the health care fund. The …”

Pharmaceuticals S. 198-200

„… reference price is not set at the national level. In the long term a shift of governance from the counties …” „… 198 National Dental Care Subsidies Board sets reference prices, and decides on compensation levels …” „… governance can also be observed. Until 1999, the subsidies for dental care were negotiated between the county …”

Waiting lists S. 201-204

„… result in competition between public providers, however, up to now, no hospital or health care centre was …” „… care centres. Häkkingen and Jonsson argue that the actual changes in management and provision are …” „… Authorities and Regions, 2008b; Sveriges Kommuner och Landsting, 2009). 6.8 Access and equality Health care …”

Selective Contracts S. 282-283

„… , the insurances received more powers of supervision. In long-term care their quality management already …” „… against negative effects of the premium on solidarity, the Netherlands introduced a health care allowance …” „… insurances are competing on equal terms for all insured. In Germany, the two segments are still separated …”

Institutional legacy S. 156-160

„… quite recent development, in comparison to the long-standing tradition of Social Insurance in Germany …” „… , perhaps this reform-ability is even an inherent characteristic of the Swedish health care model. The …” „… history of the Swedish health care system is written along two fragile balances: first, the balance of …”

Social Insurances S. 243-249

„… health care fund (2.5 billion) accounted for less than 1% of total health care expenditures. In the long …” „… governance of health care. The market elements strengthened the state. 7.6 Funding Graphic 12: Expenditure …” „… , Germany has the highest health care expenditures in the European Union. As can be seen from Graphic 12 …”

Inequality S. 205-206

„… suffering from long-term illnesses, the user-charges for health care, pharmaceuticals, dental care and …” „… for health services. Since 1999, dental care for adults is exempted from the general care basket. In …” „… charges paid by individuals for medical care, pharmaceuticals and dental care combined were 2100 Skr in …”

Other sources of funding S. 254-255

„… Pension, Unemployment and Long-term care insurance, as well as the Social Insurance for Artists. Graphic …” „… also directly fund medical goods and services. In 1994, a new Social Insurance for care for the frail …” „… elderly was created. The new insurance finances home care, from 1995 on, and care in nursing homes, from …”

Conclusion Funding S. 181-182

„… Act and provided by the counties on the same terms as somatic care …” „… population, concerns about dualisation and injustice are growing. A two-tier health care system will …” „… health insurances do not offer better or more services, only faster access to care. Private health …”

Discourse S. 100-101

„… 100 universal insurance. It covers the whole population against high risks, especially long-term …” „… care. The second compartment takes care of the actual costs of medical care and equals the German …” „… threshold and civil servants were obliged to have health care insurance. The rest of the population could be …”

Health Status S. 149-152

„… indicators chosen for the Open Method of Coordination in Health and Long-term care, Sweden performs best43 …” „… state financed out of high taxation. Health care forms part of the universal social rights enjoyed by …” „… implemented there. In comparative studies of health care systems, Great Britain normally provides the case for …”

Path-dependent Institutions S. 207-209

„… and paternalistic decisions were no longer accepted, challenging the traditional health care system …” „… became available and widely used. However, new developments like keyhole surgery, day care and the …” „… general trend from hospital to primary care significantly reduced the costs of these treatments. The …”

Market and competition S. 169-172

„… 169 2008b). SALRA (before 2007 the Federation of County Councils) also conducts the Health care …” „… Barometer. To provide integrated care, Sweden has established current national registers for 57 major …” „… the other hand for good cooperation between primary care, hospitals and rehabilitation centres …”

Market idea S. 143-145

„… the longer term, the new system is expected, thanks to its greater dynamism, to ensure a better …” „… 143 the Netherlands. Health care markets have been identified as most inefficient solution, based …” „… policy-makers simply not aware of the cost-driving effects of competition in health care or were other reasons …”

Devolution S. 173-180

„… the 80s, the Swedish universal welfare state had reached its climax and so had health care …” „… expenditures. With 9.4% of the GDP, Sweden had the highest health care expenditures in Europe. In real prices …” „… , health care expenditure even remained stable from the mid 80s to the mid 90s (see Graphic 7). Expansion …”

Governance of Insurances S. 113-116

„… choice neglect the transaction costs born by the insured. The costs in terms of time and money to gather …” „… care basket and channels half of the funding. As the section above showed, the competition for …” „… sustainable in the long run – especially not in a private market that is supposed to generate profits. The …”

Biobliography S. 311-328

„… 311 Bibliography Advisory Council for the Concerted Action in Health Care (1996). The Health Care …” „… Entwicklung im Gesundheitswesen. Advisory Council for the Concerted Action in Health Care (2003). Health Care …” „… Finance, User Orientation and Quality: Volume I: Health Care Finance and User Orientation. Bonn. Albrecht …”

doi.org/10.5771/9783845235370

Federal Constitutional Court - Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germany

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Federal Constitutional Court (ed.)

Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germany

2013

Results in this title

BVerfGE 103, 242 Judgment of the First Senate of 3 April 2001 – 1 BvR 1629/94 “Long-term care insurance case” Long-term care insurance contributions for childcaring and child-raising members of social longterm care insurance S. 491-514

„… in old age would be cared for by their children. Moreover, persons in need of long-term care who were …” „… cared for as out-patients. 75.8 per cent of parents in need of long-term care draw nursing care …” „… activities that they are later cared for by their children as persons in need of long-term care, thus …”

BVerfGE 118, 45 Order of the First Senate of 28 February 2007 – 1 BvL 9/04 “Childcare maintenance case” Incompatibility of the different assessment of childcare maintenance because of the care or bringing up of children born in and out of wedlock (§§ 1570 and 1615 l.2 sentence 3 of the Civil Code) with Article 6.5 of the Basic Law S. 779-803

„… claims, grants a maintenance claim in general terms for a considerably longer period than three years. I …” „… employment as a result of childcare. It was thus said to cease to apply if the child no longer required care …” „… employment as long as, and to the degree that, the child required care and bringing up. In this respect, the …”

BVerfGE 61, 358 Judgment of the First Senate of 3 November 1982 – 1 BvL 25, 38, 40/80, 12/81 “Joint custody case” Decision regarding the exclusion of the joint custody of divorced parents S. 203-219

„… custody in the long term. It can certainly not be ruled out that the situation of the spouses after their …” „… has always arisen as to who is to have the care for the person of the joint children in future. 1 …” „… interests so require, one parent may be assigned the care for the person of the child, and the other custody …”

BVerfGE 97, 332 Order of the First Senate of 10 March 1998 – 1 BvR 178/97 “Graduated kindergarten contributions case” Kindergarten contributions graduated by family income S. 372-385

„… be broken down into the fee for care and the fee for meals. (2) The fee for care shall be payable for …” „… attendance at the kindergarten. (3) … (4) … § 2 Care fees (1) The fee for care per month for the care of a …” „… the period from 1 January 1996 … (2) … (3) Over and above this, the care fee shall be reduced …”

BVerfGE 105, 1 Order of the First Senate of 5 February 2002 – 1 BvR 105, 559/95, 457/96 “Post-marital maintenance case” Equivalence of family work and gainful employment in the assessment of post-marital maintenance S. 530-540

„… employment of the other spouse. However, in terms of cash the family was said to have at its disposal only …” „… (FamRZ 2001, p. 986). The offsetting method was said not to do justice to the equivalence of child-care …” „… and housekeeping, and also to no longer reasonably account for the changed perception of marriage in …”

BVerfGE 103, 89 Judgment of the First Senate of 6 February 2001 – 1 BvR 12/92 “Marriage covenant case” Judicial review of agreements in a covenant of marriage concluded with a pregnant woman prior to the conclusion of marriage S. 475-490

„… one parent wishes to withdraw in financial terms from care for his or her child, this is no longer a …” „… divorce, the carer parent is no longer able to cover either his or her maintenance or that of the child …” „… with a pregnant woman prior to the conclusion of marriage and affecting the care and maintenance …”

BVerfGE 108, 82 Order of the First Senate of 9 April 2003 – 1 BvR 1493/96, 1724/01 “Biological father case” Decision regarding the legal position of the (putative) natural, but not legal, father and the constitutionality of §§ 1600 and 1685 of the Civil Code and § 1711 of the Civil Code old S. 642-668

„… his child and the person acknowledging paternity, nor a long-term relationship between the child and …” „… the Basic Law too extends its protection to the social family as 656 a long-term community of …” „… per cent of the cases investigated by Vaskovics and others was there a long-term relationship between …”

BVerfGK 5, 161 Order of the First Chamber of the First Senate of 5 April 2005 – 1 BvR 1664/04 “Görgülü III case” Binding effect of a decision of the European Court of Human Rights – constitutional requirements placed on the removal of a child from its foster family S. 724-731

„… child. In addition, it should have taken into account the long-term effects of separating the child from …” „… .). § 1696.1 of the Civil Code provides that an amending decision requires cogent reasons that have a long-term …” „… of Human Rights as to what long-term effects a permanent separation of the child from the complainant …”

BVerfGE 55, 171 Order of the First Senate of 5 November 1980 – 1 BvR 349/80 “Custody case” Accommodation of the will of a child in a ruling on custody after divorce of the parents and ruling of the judge with jurisdiction on the question of the personal hearing of children under the age of 14 S. 156-165

„… ); 42, 143 (148-149); 42, 163 (168)), especially since the long-term fate of the child is determined by …” „… proceedings relating to the care of the person or of the property of the child if the inclinations, the ties …” „… the child in person in proceedings related to the care of the person. The child should be heard in …”

BVerfGE 99, 216 Order of the Second Senate of 10 November 1998 – 2 BvR 1057, 1226, 980/91 “Equalisation of family burdens case” Exclusion of parents living in marital community from tax deduction of childcare costs as an extraordinary expense resulting from gainful employment and from granting of the household allowance S. 402-419

„… reduced in general terms by virtue of the care requirements. The care requirements must remain unburdened …” „… work-related care requirements, parents’ ability to pay is hence reduced in general terms by virtue of the care …” „… requirements of a child, whether the parents consider it to be correct in pedagogical terms to care for the …”

BVerfGE 84, 168 Order of the First Senate of 7 May 1991 – 1 BvL 32/88 “Case regarding custody rights for children born out of wedlock” Joint parental custody for children born out of wedlock S. 320-335

„… (§ 1589.2 of the Civil Code). The mother was initially only entitled to the care for the person of the child …” „… , which constituted an act of clemency, the mother lost the right and duty of the care for the person of …” „… Parental Custody of 18 July 1979 (Federal Law Gazette I p. 1061) such that the term “parental custody …”

Appendix The Basic Law for the Federal Republic of Germany S. 852-936

„… . (2) The care and upbringing of children is the natural right of parents and a duty primarily …” „… serious neglect. (4) Every mother shall be entitled to the protection and care of the community. (5 …” „… are not inferior to the state schools in terms of their educational aims, their facilities, or the …”

BVerfGE 57, 170 Order of the Second Senate of 5 February 1981 – 2 BvR 646/80 “Pre-trial detention II case (correspondence by letter)” Decision regarding the monitoring of letters during pre-trial detention; written correspondence between adult children and their parents S. 166-190

„… also takes on particular significance in detention. Each instance of longer-term pre-trial detention …” „… causing a car to fall onto a lower schoolyard when she had stated that she intended to separate from him …” „… reversed the conviction as regards the terms of the sentence …, the punishment was reduced to four years …”

BVerfGE 115, 259 Order of the First Senate of 28 March 2006 – 1 BvL 10/01 “Maternity protection period case” Incompatibility with Article 6.4 of the Basic Law of the employment promotion law in force between 1998 and 2002, according to which periods in which mothers interrupted employment requiring the payment of social security contributions because of the prohibitions under maternity protection law were not taken into account in the calculation of the qualifying period for receiving unemployment benefit S. 747-758

„… period shall not include 1. periods in which the unemployed person, as a carer, cared for a ... relative …” „… military service or community service as an alternative to military service for longer than three days …” „… that the legislature should allow every mother to enjoy the protection and care of the community. In …”

BVerfGE 51, 386 Order of the First Senate of 18 July 1979 – 1 BvR 650/77 “Expulsion case” Expulsion of a foreign national convicted of a criminal offence who is married to a German woman and has a legitimate child with her S. 127-137

„… expulsion of foreign nationals who are married to Germans or are responsible for the care for the person of …” „… the family, particularly since the violations of the law took place a long time ago and her husband …” „… continuing his marriage as a life-long relationship between partners having equal rights in Germany must be …”

BVerfGE 107, 104 Judgment of the Second Senate of 16 January 2003 – 2 BvR 716/01 “Parental involvement in proceedings under the Juvenile Court Act case” Exclusion of a father with parental rights from proceedings before a juvenile court which involve his son (§ 51.2 of the Juvenile Court Act) S. 591-610

„… parental rights and the legal representative are no longer entitled to their rights, the judge of the court …” „… up a child. 1. a) Article 6.2 sentence 1 of the Basic Law guarantees parents the right to the care …” „… guarantee the care and upbringing of the child; the child who requires help in order to develop into a …”

BVerfGE 24, 119 Order of the First Senate of 29 July 1968 – 1 BvL 20/63, 31/66, 5/67 “Adoption I case” Substitution of parental consent to adoption S. 51-74

„… ; it was said to be identical for the field of care and upbringing to parental power in terms of its …” „… to care for and bring up the children; parents who evade this obligation may not invoke the parental …” „… children whose parents are unable to bring them up to the permanent care of a family which is able to care …”

BVerfGE 107, 150 Judgment of the First Senate of 29 January 2003 – 1 BvL 20/99, 1 BvR 933/01 “Case regarding parental custody for children born out of wedlock” § 1626a of the Civil Code is currently compatible with Article 6.2 and 6.5 of the Basic Law, lack of a transitional arrangement for old cases is unconstitutional S. 611-632

„… , long-term basis for joint custody. Such a future prognosis can however not yet be made solely from the …” „… long-term studies of Wallerstein/Lewis/Blakeslee … bb) The legislature was hence able to assume that joint …” „… custody of parents of a child born out of wedlock in the long term there is a considerable number of cases …”

Index S. 937-956

„… generation(s) – coming 508 – current pensioners’ 502 – future long-term care 501 – of contributors 510 – old …” „… long-term care – domestic 495, 506 – in-patient 493, 495, 500, 506 – need of 491, 495, 497-501, 504-508, 510 …” „… · contributory 491, 508, 510 – term of 343 social long-term care insurance 491-493, 495-510, 513 – assessment …”

BVerfGE 113, 88 Judgment of the First Senate of 7 June 2005 – 1 BvR 1508/96 “Parental support case” Constitutional limits where children are required by the social assistance funding agency to pay support for their parents as the result of an assigned right S. 732-746

„… own means or from the funds of long-term care insurance. However, the support claim of an indigent …” „… from July 1991 until her death in September 1995 because she was in need of long-term care. The costs …” „… assistance for long-term care, charged to the supra-local social assistance funding agency, under §§ 68 et …”

BVerfGE 106, 166 Order of the First Senate of 29 October 2002 – 1 BvL 16, 17/95, 16/97 “Case involving the advantage acquired through additional counted children” Decision regarding the equal treatment of different forms of family under the law on child benefit S. 577-590

„… . As long as they have not made such a determination, child benefit shall be granted to the one who …” „… largely maintains the child; however, it shall be granted to the parent who has the care for the person of …” „… the one whom they determine to be the entitled party. As long as a determination has not been made …”

BVerfGE 99, 300 Order of the Second Senate of 24 November 1998 – 2 BvL 26/91, 5, 6, 7, 8, 9, 10/96, 3, 4, 5, 6/97 “Civil servants’ children case” (state’s obligation to take care of civil servants’ welfare and family) Remuneration of civil servants and judges with more than two children in the period from 1988 to 1996 S. 432-449

„… – “Civil servants’ children case (state’s obligation to take care of civil servants’ welfare and family …” „… )” HEADNOTES: 1. The employer is obliged on the basis of the principle of the state’s obligation to take care …” „… care of the welfare of civil servants with more than two children that is in keeping with their office …”

BVerfGE 10, 59 Judgment of the First Senate of 29 July 1959 – 1 BvR 205, 332, 333, 367/58, 1 BvL 27, 100/58 “Case concerning parental power” Decision regarding the equality of the mother and the father (father’s final decision) S. 20-39

„… decisions on issues of care and upbringing cannot be subsumed under the term housekeeping. 2. The demotion …” „… children. Article 6.2 of the Basic Law describes the care and upbringing of children as being “the natural …” „… has been clarified in a manner which no longer reveals any differences of opinion within the …”

BVerfGE 121, 69 Judgment of the First Senate of 1 April 2008 – 1 BvR 1620/04 “Parental duty of contact case” Decision regarding the compulsory enforcement of an adjudged duty of contact pursuant to § 1684.1 of the Civil Code S. 804-825

„… . However, the expert found that the father’s hostile attitude would in the long term undermine the child’s …” „… Court assumed on the basis of the expert opinion it obtained that there was no risk of serious long-term …” „… duty to care for and bring up their child which is imposed on parents by Article 6.2 sentence 1 of the …”

Titelei/Inhaltsverzeichnis

„… 103, 242 Judgment of the First Senate of 3 April 2001 – 1 BvR 1629/94 “Long-term care insurance case …” „… ” Long-term care insurance contributions for childcaring and child-raising members of social longterm care …” „… care of children 220 16. BVerfGE 72, 122 Order of the First Senate of 18 June 1986 – 1 BvR 857/85 …”

BVerfGE 99, 145 Order of the Second Senate of 29 October 1998 – 2 BvR 1206/98 “Hague Child Abduction Convention case” Hague Child Abduction Convention; accommodation of the best interests of the child in the special case of converse child return applications S. 386-401

„… the Basic Law) emerges the obligation to ensure the child’s best interests in procedural terms by …” „… the law of that State. Article 12 Where a child has been wrongfully removed or retained in terms of …” „… having the care of the person of the child was not actually exercising the custody rights at the time of …”

BVerfGE 105, 313 Judgment of the First Senate of 17 July 2002 – 1 BvF 1, 2/01 “Civil Partnerships Act case” Correction of an adopted bill; right of approval of the Bundesrat; compatibility with Articles 6.1, 3.1, 3.3 sentence 1 and 14.1 of the Basic Law S. 541-576

„… long-term same-sex partnership, with a large number of legal consequences. 1. In the year 2000, at least …” „… organised by the standards of marriage where these are long-term partnerships. The constitutional directive …” „… there are good reasons for providing a comparable legal framework to other long-term relationships based …”

BVerfGE 28, 324 Order of the First Senate of 27 May 1970 – 1 BvL 22/63, 27/64 “Marriage clause case” Incompatibility of the marriage clauses in the orphans’ pension in social pensions insurance with Article 6.1 of the Basic Law S. 75-99

„… term of her training. She had taken her examination in March 1960, and had thereafter still worked for …” „… disadvantage. Also persons who were in vocational training could be mature for marriage in terms of their …” „… , pensions insurance was said to have less of a welfare character than that of insurance; care for the …”

BVerfGE 104, 373 Judgment of the First Senate of 30 January 2002 – 1 BvL 23/96 “Double family names case” Exclusion of double family names S. 515-529

„… as a consequence two spouses could no longer bring their double name into the next generation, but …” „… the right to care for and bring up their children (see BVerfGE 31, 194 (204)). This freedom right …” „… BVerfGE 61, 358 (371-372); 75, 201 (218)). The right of the parents to care for their child also includes …”

BVerfGE 108, 351 Order of the First Senate of 7 October 2003 – 1 BvR 246/93, 2298/94 “Case relating to the splitting advantage in case of spousal maintenance” Unconstitutionality of the consideration of fiscal advantages from a new marriage of a person obliged to provide maintenance in the assessment of the maintenance payable to the former spouse S. 669-680

„… a spouse is unable to take care of himself or herself after the divorce, he or she has a maintenance …” „… actual expenditure incurred to form assets and not taken into account in terms of maintenance law in such …” „… longer have the possibility to be assessed jointly. They are classified in wage tax class I or II as if …”

BVerfGE 22, 93 Order of the First Senate of 7 June 1967 – 1 BvR 76/62 “Maintenance I case” Taking Article 6.1 of the Basic Law into account in determining the maintenance of spouses living apart S. 40-44

„… husband has a long-term obligation to make a maintenance payment supplementing her income from employment …” „… this is even the case if she does not have children to take care of (see Decisions of the Federal …” „… that is likely to impair the existence of the marriage or, in the case of a marriage that is no longer …”

BVerfGE 76, 1 Order of the Second Senate of 12 May 1987 – 2 BvR 1226/83, 101, 313/84 “Entry of aliens to join family members living in the Federal Republic” Waiting periods for the entry of aliens (Turkish and Yugoslavian nationals) to join family members living in the Federal Republic of Germany S. 245-286

„… domicile is assured in the Federal territory in the long term with regard to 267 residency or when he has a …” „… Republic of Germany is normally interested in avoiding a long-term legal bond with his partner seeking …” „… to the situation where the German labour market was no longer capable of fully covering the workforce …”

BVerfGE 87, 1 Judgment of the First Senate of 7 July 1992 – 1 BvL 51/86, 50/87, 1 BvR 873/90, 761/91 “Rubble women case” Allowance of child-raising periods in the statutory pensions insurance of wage-earners and salaried employees (“rubble women”) S. 336-354

„… providing long-term care services in the family. Regardless of the manner in which the funds are collected …” „… mandate in refining pensions insurance and in both medium and longer term financial planning. Here they …” „… Benefits Act did not violate the Basic Law by not placing periods of child-raising, in general terms, on …”

Index of Statutes S. 957-962

„… Long-Term Care Insurance Act 491 M Marriage Act – Article 10.2 of the 101, 108 P Parent and Child Reform Act …”

BVerfGE 80, 81 Order of the Second Senate of 18 April 1989 – 2 BvR 1169/84 “Case concerning the adoption of an adult foreigner” Right of residence of an adult foreigner adopted by a German S. 301-310

„… concerned, there is an unconditional willingness to assist one another in all situations and in the long …” „… term. Reasons which are not family-related, in particular economic reasons or the concern of preventing …” „… re 2. is a German national, born in 1937, divorced since 1971 and childless. She has taken care of …”

BVerfGE 6, 55 Order of the First Senate of 17 January 1957 – 1 BvL 4/54 “Taxation of households case” Article 6.1 of the Basic Law is a fundamental provision (binding value decision) and currently binding constitutional law S. 1-19

„… intends to maintain this separation in the longer term.” Nor does the increased tax pressure associated …” „… , a constitutional review of that same provision is no longer possible from the point of view of the …” „… taxation: “§ 26 Taxation of households: Spouses (1) Spouses shall be assessed jointly so long as both are …”

BVerfGE 117, 202 Judgment of the First Senate of 13 February 2007 – 1 BvR 421/05 “Secret paternity test case” Decision regarding the right of the legal father to know that his child is biologically his and the obligation of the legislature to make available a suitable procedure S. 759-778

„… long-term contribution to the finding of one’s own identity both by the man and by the child. However …” „… , with the legal consequence that he is no longer the legal father of the child (§ 1599.1 of the Civil …” „… Basic Law guarantees the parents the right and the responsibility to care for their child. Parental …”

BVerfGE 111, 307 Order of the Second Senate of 14 October 2004 – 2 BvR 1481/04 “Görgülü I case” Obligation to take into account the European Convention on Human Rights and the decisions of the European Court of Human Rights, and the limits of such obligation, in the context of the principle that the judge is bound by statute and law (Article 20.3 of the Basic Law) S. 694-713

„… undisputedly willing and able to take care of him, the Higher Regional Court did not examine all possible ways …” „… , the first consequence is that the State party may no longer hold the view that its acts were in …” „… ” in this case and was possibly not involved in the proceedings at the ECHR would no longer be able to …”

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