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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 61 Special rules on aggregation of periods of insurance, employment or self-employment Maximilian Fuchs S. 391-396

„… via the Member State of last employment or last self-employment. Article 61 Special rules on …” „… aggregation of periods of insurance, employment or self-employment (1) The competent institution of a Member …” „… conditional upon the completion of either periods of insurance, employment or self-employment shall, to the …”

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

„… , completed periods of employment or self-employment of at least 12 months in the Member State to whose …” „… has, during the preceding 24 months, completed periods of employment or self-employment of at least 12 …” „… self-employment recognised for the purposes of granting unemployment benefits in a Member State other than his/her …”

Article 13 Pursuit of activities in two or more Member States Heinz-Dietrich Steinmeyer S. 191-201

„… employment, the self-employed activity and the place of residence rank. The conflict between the activity as …” „… an employed or self-employed person is decided in favour of the employment by stating that a 3 …” „… does not have the function to determine whether the person is an employed or a self-employed person …”

Article 65 a Special provisions for wholly unemployed self-employed frontier workers where no unemployment benefits system covering self-employed persons exists in the Member State of residence Maximilian Fuchs S. 417-419

„… recently completed periods of insurance as a self-employed person or periods of self-employment recognised …” „… ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Competence of the State of last self-employment for providing benefits (para. 2 …” „… ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3. Special case: non-availability in the State of last self-employment (para. 3 …”

Overview Maximilian Fuchs S. 388-391

„… between periods of insurance, employment and self-employment. The latter is new. It reflects the intention …” „… employment or last self-employment. Article 61 Special rules on aggregation of periods of insurance …” „… , employment or self-employment (1) The competent institution of a Member State whose legislation makes the …”

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

„… employment relation or a pursued self-employed activity. In this case, the cash benefit rightly indicates the …” „… employment or self-employment. This shall not apply to continuous benefits, which is shown by para. 2. II …” „… that they are provided due to an employment relationship or a self-employment. Art. 11 (3) (b) contains …”

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

„… ) treats employment and self-employment equally, Art. 12 (1) only treats employed persons and para. 2 …” „… leaves the former State of employment after the termination of an employment relationship, even if the …” „… person tries to find an employment in the former State of employment to pursue his activities as a …”

Overview Heinz-Dietrich Steinmeyer S. 161-167

„… employment or – in case of self-employment – the place of work performance are the relevant factors for the …” „… “employment” and “self-employment” that occurs repeatedly when an employee or self-employed person pursues …” „… ‘false’ self-employment, persons in a comparable situation to employed persons or atypical workers …”

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

„… or self-employment. The regulation laid down in para. 1 enables them to continue treatment begun in …” „… his/her activity as an employed or self-employed person, in so far as this is a continuation of treatment …” „… employed or self-employed person for at least two years as a frontier worker shall be entitled to benefits …”

Article 1 Definitions S. 67-87

„… periods of contribution, employment or self-employment as defined or recognised as periods of insurance by …” „… ) "period of employment" or "period of self-employment" mean periods so defined or recognised by the …” „… said legislation as equivalent to periods of employment or to periods of self-employment; (v) "period …”

Article 31 General provision Karl-Jürgen Bieback S. 297-298

„… State on the basis of an activity as an employed or self-employed person. In such a case, the person …” „… insured and entitled to benefits in kind on the basis of an activity as employed or self-employed persons …” „… arising from such employment and in the Member State of employment vis-à-vis the compulsory insurance as a …”

Article 62 Calculation of benefits Maximilian Fuchs S. 396-400

„… State of last employment or self-employment. Special rule for frontier workers (para. 3) Reg. No …” „… whose legislation he/she was subject during the last period of employment or self-employment. The …” „… self-employed person under the said legislation. (2) Paragraph 1 shall also apply where the legislation …”

Article 32 Prioritising of the right to benefits in kind – special rule for the right of members of the family to benefits in the Member State of residence Karl-Jürgen Bieback S. 298-300

„… insurance coverage arising from his/her activity as an employed or self-employed person (different opinion …” „… employment. Article 32 Prioritising of the right to benefits in kind – special rule for the right of members …” „… self-employed person, benefits in kind shall be provided at the expense of the competent institution in the …”

Article 91 Entry into force Rob Cornelissen S. 543-544

„… legislation of the Member State where the person actually pursues his employment or self-employment, if the …” „… employment or self-employment is pursued in only one Member State; (b) the legislation of the Member State of …” „… residence if the person concerned pursues employment or self-employment in two or more Member States and …”

Article 6 Aggregation of periods Rolf Schuler S. 141-146

„… insurance, employment, self-employment or residence shall, to the extent necessary, take into account …” „… their legislation. (2) The respective periods of insurance, employment, self-employment or residence …” „… contribution, employment and self-employment and all periods treated as such by the legislation of the Member …”

Overview Rose Langer S. 36-38

„… self-employed persons enjoy unrestricted circulation within the internal market as far as possible …” „… . Self-employed persons have the choice of either exercising their right to freedom of movement in another Member …” „… State or establishing themselves there permanently. Employed persons can take up employment in another …”

Article 64 Unemployed persons going to another Member State Maximilian Fuchs S. 400-406

„… employment benefit at the increased rate for dependent members of the family (cf. Decision No. U1 …” „… available to the employment services of the competent Member State for at least four weeks after becoming …” „… expired; (b) the unemployed person must register as a person seeking work with the employment services of …”

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

„… para. 1 to 4 only takes the employment pursued within its territory into account, Art. 13 (5 …” „… employed or self-employed person and was receiving all his income in the Member State concerned. The …” „… provision does not only cover according to its wording cases of several employments in several Member States …”

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

„… self-employed person. The insurance according to employment or self-employment is given priority. Title III …” „… this staff covered by Art. 3 (a) of Reg. No. 259/68 the EU first concludes temporary employment …” „… required skills concerning specific matters. In those cases there is only a short-term employment of at …”

Article 66 Benefits Maximilian Fuchs S. 419-420

„… of the competent State of last self-employment. The administrative arrangements for the above are …” „… conditional on the completion of periods of insurance, of employment or of self-employment, Article 6 shall …” „… )(a) is no longer required. This means the unemployed self-employed person is entitled to receive …”

Article 48 TFEU Rose Langer S. 51-58

„… relevance especially where the recognition of periods of such employment in another Member State is …” „… for employed and self-employed migrant workers and their dependants: (a) aggregation, for the purpose …” „… employed persons, self-employed persons and their family members moving within the Community and Reg. No …”

Article 68 Priority rules in the event of overlapping Franz Marhold S. 424-431

„… employment principle (see also Fuchs, Was bringt die neue VO (EG) Nr. 883/2004?, SGb 2008, p. 201, 209 …” „… available on the basis of an activity as an employed or self-employed person, secondly, rights available on …” „… . 73 to employed persons and self-employed persons. Art. 75 laid down different competences for family …”

Article 30 Contributions by pensioners Rolf Schuler S. 295-297

„… with the entitlement takes up an activity as an employed or self-employed person that is subject to …” „… affiliation and entitlement to benefits due to an activity as an employed or self-employed person (see Art. 31 …” „… legislation of a Member State on the basis of an activity as an employed or self-employed person. In such a …”

Part 3: Association Agreements S. 553-571

„… self-employment 61 8 personal data – protection 77 1 personal scope 2 1 person other than a frontier worker 65 …” „… 65a 1 self-employed person 3 6, 61 1, 62 1, 2 self-employment 1 3, 2 2 service 36 17 Services …” „… : 2006:325, The Columbia Journal of European Law 2007, p. 489 et seq.; Watson, EU Social and Employment Law …”

Overview Franz Marhold S. 420-422

„… upon the person concerned being available to the employment services of the competent State …” „… of Reg. No. 1408/71 categorically stipulate the country of employment principle while Art. 72 lays …” „… provided by the competent institution of the State of employment according to its legislation if the State …”

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

„… involuntary unemployment as well as persons seeking employment, retired and invalid workers or self …” „… . 4 TFEU, Member States may impinge on the free movement of workers in the context of employment in …” „… , self-employed entrepreneurs or other people contributing to the national product. Those people pay contributions …”

Article 50 General provisions Rolf Schuler S. 357-362

„… (institutions, identification numbers), employment (employers) or self-employment (nature and place of activity …” „… employment policy for longer, healthier working lives), and to implement additional contributions to pension …” „… schemes and reduce gender-specific differences in employment, pay and working years. The intention is to …”

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

„… person actually pursues his employment or self-employment, if the employment or self-employment is …” „… concerned pursues employment or self-employment in two or more Member States and performs part of his/her …” „… self-employed; (c) in all other cases, the legislation of the Member State, the application of which was first …”

Overview Bettina Kahil-Wolff S. 58-67

„… interfere with the principle of aggregating periods of insurance, employment, self-employment or residence …” „… their standard of living and conditions of employment. (2) The Treaty does not provide powers other than …” „… social security schemes to employed persons, to self-employed persons and to members of their families …”

Introduction Maximilian Fuchs/Rob CornelissenIntroduction S. 18-36

„… No. 883/2004. This Article requires that periods of insurance and employment, self-employment or …” „… , sociaal en fiscaalrechtelijke grensconflicten, 2011; Watson, EU Social and Employment Law, 2009. Essays in …” „… , Co-ordination of social security on the basis of the state-of-employment principle: Time for an alternative …”

Article 3 Material Scope Maximilian Fuchs S. 94-118

„… :1992:58). The German and Austrian special systems for self-employed persons were already integrated into …” „… institutions set up under the law of the Länder for the self-employed who are members of professional chambers …” „… insurance institutions on behalf of carers not acting in the course of employment (§§ 44 of SGB XI, in …”

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

„… State of employment is the connecting factor for employed persons, self-employed persons, students and …” „… members residing in a Member State that is different from the State of employment. Sentence 1 of the …” „… between employed persons, self-employed persons and pensioners has been dropped, so that all persons are …”

Article 15 Contract staff of the European Communities Heinz-Dietrich Steinmeyer S. 204-205

„… may be exercised once only, shall take effect from the date of entry into employment. Article 17 Reg …” „… Regulation when the employment contract is concluded. The authority empowered to conclude the contract shall …” „… employment relationships for a fixed period of only five years that can be renewed for a period of a further …”

Article 86 Bilateral agreements Rob Cornelissen S. 525-526

„… appropriate, any period of employment, self-employment or residence completed under the legislation of a …” „… reimbursement by the State of last employment to the State of residence, of the costs of unemployment benefits …” „… . 65 as a political compromise. Art. 65(6) provides for a reimbursement by the State of last employment …”

Article 5 Equal treatment of benefits, income, facts or events Rolf Schuler S. 135-141

„… completion of periods of insurance, employment, self-employment or residence shall, to the extent necessary …” „… , self-employment or residence completed under the legislation of a Member State shall be added to those completed …” „… , take into account periods of insurance, employment, selfemployment or residence completed under the …”

Overview Rolf Schuler S. 281-284

„… provisions for insured employees or self-employed persons. They do not apply to a pensioner or the members of …” „… activity as an employee or self-employed person. The material scope of Art. 23 et seq. encompasses only …” „… self-employed person. With regard to the protection of pensioners in the event of sickness (and maternity) the …”

Article 9 Declaration of the Members States on the scope of this Regulation S. 156-159

„… Austrian convention on unemployment insurance – the periods of employment she had completed in …” „… employment had begun before Reg. No. 1408/71 came into force – has to be judged by the provisions of the …” „… , taking account of all periods of insurance and employment the employee has completed with no regards to …”

Article 25 Pensions under the legislation of one or more Member States other than the Member State of residence, where there is a right to benefits in kind in the latter Member State Rolf Schuler S. 289-290

„… subject to conditions of insurance, or of activity as an employed or self-employed person, and no pension …” „… insurance or employment. This provision aims at preventing an excessive financial burden of Member States …” „… conditional upon insurance or employment periods. Protection against sickness is intended only for these …”

Article 45 TFEU Rose Langer S. 38-51

„… of the Member States as regards employment, remuneration and other conditions of work and employment …” „… security or public health, a) to accept offers of employment actually made; b) to move freely within the …” „… territory of Member States for this purpose; c) to stay in a Member State for the purpose of employment in …”

Article 24 Right to benefits in kind under the legislation of the Member State of residence Rolf Schuler S. 286-289

„… employment (and under whose legislation no pension is owed), the statute of the pension benefit is also …” „… an employed or self-employed person, and no pension is received from that Member State, the cost of …” „… to persons residing there is not subject to conditions of insurance or employment. This provision …”

Overview S. 526

„… appropriate, any period of employment, self-employment or residence completed under the legislation of a …”

Overview Karl-Jürgen Bieback S. 209-226

„… pursuing an activity as an employed or self-employed person. The insurance according to employment or …” „… self-employment is given priority. Title III Special Provisions concerning the various categories of benefits …” „… when migrant workers cross borders in order to take up employment, but also for tourists and private …”

Article 56 Additional provisions for the calculation of benefits Rolf Schuler S. 379-380

„… insurance, employment, self-employment or residence which either qualify for, or directly increase, the …”

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

„… legislation of the Member State last competent (in particular the last Member State of employment) during the …” „… required are not satisfied (in the case of residence abroad without an employment relationship). This …” „… provisions for insured employees or self-employed persons. They do not apply to a pensioner or the members of …”

Article 18 Stay in the competent Member State when residence is in another Member State – special rules for the members of the families of frontier workers Karl-Jürgen Bieback S. 240-242

„… residence but also in their place of employment in the competent State of affiliation when they stay there …” „… an activity as an employed or self-employed person in a Member State (State of the competent …” „… person’s place of employment, as the main insured person himself/herself. The following countries are …”

Article 53 Rules to prevent overlapping Rolf Schuler S. 373-375

„… conflict-of-Member State exists for the child-rearing person due to a person's employment or self-employment …”

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

„… professional and family ties with the State of last employment might have better chances to find new work in …” „… the Member State of last employment. Such ‘atypical frontier workers’ could choose to make themselves …” „… available to the employment services in the State of last employment and claim unemployment benefit there …”

Article 87 Transitional provisions Rob Cornelissen S. 526-528

„… appropriate, any period of employment, self-employment or residence completed under the legislation of a …”

Article 52 Award of benefits Rolf Schuler S. 365-373

„… child-rearing person due to a person's employment or self-employment (according to Art. 11 (3)(a)(b)) (para. 3 …” „… was pursuing an activity as an employed or self-employed person at the date when, under that …” „… employed or self-employed activity. Article 50 Reg. No. 987/09 Provisional instalments and advance …”

Article 57 Periods of insurance or residence of less than one year Rolf Schuler S. 380-384

„… , "periods" shall mean all periods of insurance, employment, self-employment or residence which either …”

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

„… activity as an employed or self-employed person, in so far as this is a continuation of treatment which …” „… self-employed person for at least two years as a frontier worker shall be entitled to benefits in kind in the …” „… commenced, provided he/she had been pursuing an activity as an employed or self-employed person as a …”

Article 2 Persons covered S. 87-94

„… , is subject to the condition of registering as a job-seeker with the employment services of each …” „… long-term resident status, to register as a job-seeker with the employment services of the Member State …” „… status of the person concerned (worker, self-employed, student etc.) does not any longer have relevance …”

Titelei/Inhaltsverzeichnis S. 1-17

„… ........................................................................................... 372 Special rules on aggregation of periods of insurance, employment or selfemployment …” „… ................................................................................... Article 65 389 Special provisions for wholly unemployed self-employed frontier workers where no …” „… unemployment benefits system covering self-employed persons exists in the Member State of residence …”

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

„… )(d) TFEU at the end of their working lives migrant workers and migrant self-employed persons have a …” „… insurance, employment and residence pursuant to Art. 6 and the assimilation of facts pursuant to Art. 5 must …”

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

„… only to gainfully employed persons, i.e. workers and self-employed persons, but more generally to …” „… not yet taken up gainful employment in their new place of residence in the other Member State. Even in …” „… :1998:217, para. 34), they in fact remain workers for as long as they seek gainful employment and therefore …”

Overview Maximilian Fuchs S. 313-317

„… a different Member State (than their Member State of residence or employment). However, the right to …” „… to workers, self-employed persons and students (cf. Art. 52, 63 (a), 95 (d) Reg. No. 1408/71). Art …”

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

„… , visitors, transients (as employed and self-employed persons or tourists) and persons seeking employment 1 …” „… , mostly the main insured person’s place of employment, as the main insured person himself/herself. The …”

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

„… activity as an employed or self-employed person, they shall be liable to pay the full costs of benefits in …” „… different Member State (than their Member State of residence or employment). However, the right to claim …”

doi.org/10.5771/9783845257662

Iris Burmester - Einkommenssituation Selbständiger in der Europäischen Union

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Iris Burmester

Einkommenssituation Selbständiger in der Europäischen Union

Series: FFB - Schriften des Forschungsinstituts Freie Berufe der Leuphana Universität Lüneburg

Volume 25 2017

Results in this title

Literaturverzeichnis S. 519-548

„… . Alba-Ramirez, Alfonso (1994): Self-Employment in the Midst of Unemployment the Case of Spain and the United …” „… of Self-Employment and Hierarchy. In: Economica 75 (298), S. 362– 383. Besim, Mustafa; Jenkins, Glenn …” „… , zuletzt geprüft am 09.10.2013. Blanchflower, David G. (2000): Self-Employment in OECD Countries. In …”

Anhang S. 409-519

doi.org/10.5771/9783845283159

Dorothea Alewell, Wenzel Matiaske - Standards guter Arbeit

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Dorothea Alewell (ed.), Wenzel Matiaske (ed.)

Standards guter Arbeit

Series: Zentrum und Peripherie

Volume 13 2019

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Katharina Klug, Jörg Felfe A Person-oriented Approach to Health-oriented Leadership – State of the Art and a Research Agenda S. 17-38

„… relationships (e.g., remote work as a solo-self-employed freelancer). These employment relationships are often …” „… health, being healthy is also an important precondition to maintain employment (Jahoda, 1982; Ross …” „… structures. Recent developments, such as the growth of atypical employment and the digitalization of the …”

Christine Busch, Tim Vahle-Hinz Gesundheit und Wohlbefinden in einer Arbeitswelt im Wandel: Aufrechterhaltung von Standards guter Arbeit bei multikulturellen Belegschaften und flexibler Arbeit S. 39-62

„… employment, uncertainty about the work environment, uncertainty about future employment, constant evaluation …” „… effort) und vier beschäftigungsbezogene Ressourcen (employment control, earnings control, security when …” „… unemployed, complexity due to employment) identifizieren (Vahle-Hinz, Kirschner & Thomson, 2013). Des …”

doi.org/10.5771/9783845299310

Prinz Nikolaus von und zu Liechtenstein, Mario Monti, Bo Vesterdorf, Jay Westbrook, Luzius Wildhaber - Economic Law and Justice in Times of Globalisation | Wirtschaftsrecht und Justiz in Zeiten der Globalisierung

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Prinz Nikolaus von und zu Liechtenstein (ed.), Mario Monti (ed.), Bo Vesterdorf (ed.), Jay Westbrook (ed.), Luzius Wildhaber (ed.)

Economic Law and Justice in Times of Globalisation | Wirtschaftsrecht und Justiz in Zeiten der Globalisierung

2007

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Christa Tobler Going Global in Sex Equality Law The Case of Gender Representation Rules for Company Boards S. 891-916

„… self-employment? 903 bb) Which Directive applies to the self-employed? 905 4. The Norwegian rules: discrimination …” „… self-employment? On the level of the sex equality Directives relevant for the purposes of EEA law, it would seem …” „… self-employment in their respective field, it is only natural that these Directives were made to cover also …”

Samuel Issacharoff A Cosmopolitan Judge for a Cosmopolitan Era. An Essay in Honor of Carl Baudenbacher S. 131-140

„… right of employment, and so forth. Increasingly as well, there will be an integrated European …” „… monopoly is not necessarily the product of political market failure in which self-interest overwhelms the …” „… state, there is not the risk of private economic self-interest distorting the presumed gains in …”

Eleanor Sharpston An impressive level of scrutiny: Appearing before the EFTA Court in two early cases S. 243-252

„… enterprise of GMC was transferred to Norske Fabricom (›NF›). GMC’s employees were offered employment with NF …” „… . Mr Langeland accepted this offer on 28 June 1994 by signing an employment contract issued by NF …” „… employment contract with GMC, to coverage of the premiums in question, but that (b) by signing the employment …”

doi.org/10.5771/9783845204918

Klaus Sieveking - Wechselwirkungen von Migration und Integration im europäischen Mehrebenensystem

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Klaus Sieveking (ed.)

Wechselwirkungen von Migration und Integration im europäischen Mehrebenensystem

Series: Schriftenreihe des Zentrums für Europäische Rechtspolitik der Universität Bremen (ZERP)

Volume 63 2011

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Elspeth Guild Free Movement of Workers in the EU the Changing Nature of Rights S. 59-72

„… EU and EU workers in Turkey, and a standstill provision in respect of self employment and service …” „… provision – Member States were prohibited from making access to the territory and self employment more …” „… Justice on the difference between employment and self employment in 2001 in preparation for the 2004 …”

Tineke Strik Mitgliedstaatliche Konkretisierungen S. 117-154

„… courses leading up to levels of language proficiency which went beyond the level of social self …” „… work, exchange or medical treatment, as well as persons with a work permit, self-employed and highly …” „… ‘self-selection’, implying that family migrants can choose not to live with their spouse or partner.40 Some …”

doi.org/10.5771/9783845231303

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