Social Benefits And Migration: A Contested Relationship and Policy Challenge in the EU

Following the financial crisis that commenced in 2008, the relationship between migration and social benefits has become increasingly contested in a number of large EU member states. The Eastern expansion of the EU in 2004 and 2007 has added a new dimension to the relationship. Concerns have spread across a number of member states about the 'costs' and 'financial burdens' of migration and intra-EU mobility and there have been calls for restrictions of existing EU rights and freedoms in the areas of EU free movement, social security coordination, asylum, and migration laws. The collection of essays contained in this book examines the main policy controversies that have emerged in the EU regarding linkages between welfare and migration. Does migration constitute a disproportionate burden to member states' domestic labour markets and welfare systems? Should non-citizens be entitled to social benefits in the state where they live? Is there objective evidence and statistical data indicating abuse of social benegits and increasing financial burdens by non-citizens, 'social welfare tourism' or the so-called 'welfare magnet' hypothesis, whereby migrants are attracted to countries that provide more generous welfare? The book analyses these controversies as they affect different categories of non-citizens in the framework of EU law and policy. This is coupled with an examination of the uses or misuses of data, information and social science knowledge in the debates on the reliance by non-citizens on social benefits. The book concludes with a set of recommendations addressed to EU policy-makers

Evaluation of the Wadden Sea Particularly sensitive Sea Area. On behalf of the Common Wadden Sea Secretariat.

The purpose of this document is to present the high level outcomes for the evaluation of the effectiveness of the Wadden Sea PSSA, seven years after its designation by the IMO. Key changes with regard to IMO and EU shipping policy are identified and described, followed by a review of ‘expert’ opinion focused on the issues relating to PSSAs. The development of an evaluative framework and the resulting findings are introduced and discussed in context. Using existing data against this evaluative framework we conclude that six key elements require action in order to fully describe the efficacy of the designation, and our recommendations to address these concerns are presented.<br/

Privacy in (mobile) telecommunications services

Telecommunications services are for long subject to privacy regulations. At stake are traditionally: privacy of the communication and the protection of traffic data. Privacy of the communication is legally founded. Traffic data subsume under the notion of data protection and are central in the discussion. The telecommunications environment is profoundly changing. The traditionally closed markets with closed networks change into an open market with open networks. Within these open networks more privacy sensitive data are generated and have to be exchanged between growing numbers of parties. Also telecommunications and computer networks are rapidly being integrated and thus the distinction between telephony and computing disappears. Traditional telecommunications privacy regulations are revised to cover internet applications. In this paper telecommunications issues are recalled to aid the on-going debate. Cellular mobile phones have recently be introduced. Cellular networks process a particular category of traffic data namely location data, thereby introducing the issue of territorial privacy into the telecommunications domain. Location data are bound to be used for pervasive future services. Designs for future services are discussed and evaluated for their impact on privacy protection.</p

Multiple discrimination in law

The paper forms part of the project 'GenderRace - The Use of Racial Anti-Discrimination Laws: Gender and Citizenship in a Multicultural Context', funded by the EU Seventh Framework Programme, Grant Agreement - SSH7-CT-2007-217237Acknowledgement: The University of Malta would like to acknowledge its gratitude to the National Commission for the Promotion of Equality for their permission to upload this work on OAR@UoM. Further reuse of this document can be made, provided the source is acknowledged.This paper provides an introduction to the issue of multiple discrimination and the problems it presents in law. It analyses how the law in many European countries deals with cases of multiple discrimination. It will discuss the GendeRace Project, a project which aimed to evaluate the effectiveness of racial discrimination laws in a gender perspective, and some of its findings. This paper will also examine some alternative ways of addressing multiple discrimination in law and will give examples of good practice, some of which are based on the findings of the GenderRace project. The focus of the lessons that can be learned from these examples will be on the European Union level.peer-reviewe

Mapping and analysis of the current self- and co- regulatory framework of commercial communication aimed at minors

As the advertising sector has been very active in self-regulating commercial communication aimed at children, a patchwork of different rules and instruments exist, drafted by different self-regulatory organisations at international, European and national level. In order to determine the scope and contents of these rules, and hence, the actual level of protection of children, a structured mapping of these rules is needed. As such, this report aims to provide an overview of different categories of Alternative Regulatory Instruments(ARIs,such as self- and co-regulation regarding (new) advertising formats aimed at children. This report complements the first legal AdLit research report, which provided an overview of the legislative provisions in this domain.status: publishe

The electronic exchange of information and respect for private life, banking secrecy and the free internal market

The purpose of this essay is to assess the automatic exchange of information as described in EU Directive 2003/48 of 3 June 2003 on taxation of savings income in the form of interest payments with regard to the fundamental right of the individual to a private life, to banking secrecy and the freedoms on which the European internal market is based. The assessment reveals the conflicts of interests and values involved in the holding by banks (particularly those offering private banking services) of increasingly extensive, detailed and intimate information about their clients and in the automatic processing of that information by ever more powerful and sophisticated systems. Banking secrecy plays an essential role in protecting clients against the dangers which the disclosure of such information without their permission might produce. Banking secrecy exists not only in Luxembourg but also in many other European countries, and in Germany and France in particular it is not very different from the system applying in Luxembourg. While the French and German tax authorities do have some investigative powers not enjoyed by their Luxembourg counterparts, those powers are strictly circumscribed and cannot rely on the electronic exchange of information set out in EU Directive 2003/48/EC. While banking secrecy is totally incompatible with the electronic exchange of information, the core question is whether the latter can be reconciled with the respect for private life. In a Europe that sets itself up as the cradle of human rights, the general and en-masse exchange of private information cannot provide adequate and sufficient guarantees that the information exchanged will not be misused. The amount of interference in private life is clearly out of proportion to the public interest involved and is contrary to sub-section 2, article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and to articles 7 and 8 of the Charter of Fundamental Rights of the European Union. Since the automatic exchange of information at least potentially risks restricting the free flow of capital among Member States and discouraging the use of transborder banking services, its compliance with the fundamental principles of the internal market also needs to be closely examined. The restrictions imposed by such exchange very probably go beyond the limits within which the free movement of capital and services is possible. The European Court of Justice has found that there is no proportionality if the measures supposedly undertaken in the general interest are actually based on a general presumption of tax evasion or tax fraud. However, it would be true to say that the ECJ does not always examine the tax restrictions placed on the free movement of capital particularly thoroughly to ensure that they are necessary or proportionate. The economic effectiveness of the automatic exchange of information is far from being proved and involves significant cost to the banks providing the information and to the tax authorities using it. To date the system does not appear to have produced any significant new tax revenue nor does it prevent the continuing outflow of capital from Europe. Yet withholding at source, which respects individual and economic freedoms, does generate tax revenue that is cost-free to the State. Exchange of information on request in justified cases using the OECD Tax Convention on Income and Capital model does also fight tax fraud while at the same time providing citizens with the guarantees required to ensure their private lives are respected. A combination of these two systems - withholding at source and exchange of information on request in justified cases - would create the proper balance between the public and private interest that the automatic exchange of information cannot provide

WP 55 - Part-time employment: A comparative analysis of Spain and the Netherlands

Most industrialized countries have seen part-time employment as a percentage of total employment increase in the last decade. This paper presents the results of a comparative study of part-time employment in Spain and the Netherlands. The project comprised a legal comparative study of the effectiveness of the normative solutions provided by the Dutch and Spanish legal orders regarding the protection of part-time workers and the promotion of part-time employment, with special attention paid to the gender dimension of part-time work in both countries; and an analysis, based on data extracted from the European Community Household Panel (1995-2001), of the determinants of part-time employment in both countries and an examination of the extent to which part-time jobs are used as stepping-stones to full-time positions. We found significant country differences regarding females’ decisions to take part-time jobs. We also found that, in general, Dutch females are not less likely than their male counterparts to increase the number of hours they work. However, this applies only to those females who are part of a couple or have children younger than 12 years. In Spain, females are 2.6 times less likely than their male counterparts to switch from a part-time to a full-time job. JEL classification: J22, J71, K31, K33Part-time employment, discrimination, gender differences, multinomial logit