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Charte des droits fondamentaux de l'Union européenne

EU Charter and Charter resources
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Titre IV

Solidarité

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Article 34 - Sécurité sociale et aide sociale

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Article 34 - Sécurité sociale et aide sociale

1. L'Union reconnaît et respecte le droit d'accès aux prestations de sécurité sociale et aux services sociaux assurant une protection dans des cas tels que la maternité, la maladie, les accidents du travail, la dépendance ou la vieillesse, ainsi qu'en cas de perte d'emploi, selon les règles établies par le droit de l'Union et les législations et pratiques nationales.
2. Toute personne qui réside et se déplace légalement à l'intérieur de l'Union a droit aux prestations de sécurité sociale et aux avantages sociaux, conformément au droit de l'Union et aux législations et pratiques nationales.
3. Afin de lutter contre l'exclusion sociale et la pauvreté, l'Union reconnaît et respecte le droit à une aide sociale et à une aide au logement destinées à assurer une existence digne à tous ceux qui ne disposent pas de ressources suffisantes, selon les règles établies par le droit de l'Union et les législations et pratiques nationales.

CHARTERPEDIA RESOURCES

Explications

  • Texte:

    Le principe énoncé au paragraphe 1 de l'article 34 est fondé sur les articles 153 et 156 du traité sur le fonctionnement de l'Union européenne, ainsi que sur l'article 12 de la Charte sociale européenne et sur le point 10 de la Charte communautaire des droits des travailleurs. Il doit être respecté par l'Union lorsqu'elle met en œuvre les compétences que lui confèrent les articles 153 et 156 du traité sur le fonctionnement de l'Union européenne. La référence à des services sociaux vise les cas dans lesquels de tels services ont été instaurés pour assurer certaines prestations, mais n'implique aucunement que de tels services doivent être créés quand il n'en existe pas. L'expression `maternité` doit être entendue dans le même sens que dans l'article précédent.
    Le paragraphe 2 se fonde sur les articles 12, paragraphes 4, et 13, paragraphe 4, de la Charte sociale européenne, ainsi que sur le point 2 de la Charte communautaire des droit sociaux fondamentaux des travailleurs et reflète les règles qui découlent du règlement (CEE) no 1408/71 et du règlement (CEE) no 1612/68.

    Le paragraphe 3 s'inspire de l'article 13 de la Charte sociale européenne et des articles 30 et 31 de la Charte sociale révisée, ainsi que du point 10 de la Charte communautaire. Il doit être respecté par l'Union dans le cadre des politiques fondées sur l'article 153 du traité sur le fonctionnement de l'Union européenne.

    Source:
    Journal officiel de l'Union européenne C 303/17 - 14.12.2007
    Preamble - Explanations relating to the Charter of Fundamental Rights:
    Les explications qui figurent ci-après ont été établies initialement sous la responsabilité du praesidium de la Convention qui a élaboré la Charte des droits fondamentaux de l'Union européenne. Elles ont été mises à jour sous la responsabilité du praesidium de la Convention européenne, compte tenu des adaptations apportées au texte de la Charte par ladite Convention (notamment aux articles 51 et 52) et de l'évolution du droit de l'Union. Bien que ces explications n'aient pas en soi de valeur juridique, elles constituent un outil d'interprétation précieux destiné à éclairer les dispositions de la Charte.

Références à la jurisprudence

  • Bulgaria / Administrative Court - Sofia City / No. 10220/2023
    Y.A.C. vs the Director of the Social Assistance Directorate – L. (Дирекция „Социално подпомагане” – Л.)
    Decision date:
  • CJEU - C 408/14 / Opinion
    Aliny Wojciechowski v Office national des pensions (ONP)
    Decision date:
  • CJEU - C 571/10 / Judgment
    Servet Kamberaj v Istituto per l’Edilizia Sociale della Provincia autonoma di Bolzano (IPES), Giunta della Provincia autonoma di Bolzano, Provincia Autonoma di Bolzano
    Decision date:
  • CJEU - C 571/10 / Opinion
    Servet Kamberaj v Istituto per l’Edilizia Sociale della Provincia autonoma di Bolzano (IPES), Giunta della Provincia autonoma di Bolzano, Provincia Autonoma di Bolzano
    Decision date:
  • CJEU - C 62/11 / Opinion
    Land Hessen v Florence Feyerbacher
    Decision date:
  • CJEU - C 647/13 / Opinion
    Office national de l’emploi v Marie-Rose Melchior
    Decision date:
  • CJEU - C 86/12 / Opinion
    Adzo Domenyo Alokpa, Jarel Moudoulou, Eja Moudoulou v Ministre du Travail, de l’Emploi et de l’Immigration
    Decision date:
  • CJEU Case C-130/19/ Judgment
    European Court of Auditors v Karel Pinxten
    Decision date:
  • CJEU Case C-151/24 / Judgment
    Istituto nazionale della previdenza sociale (INPS) v V. M
    Decision date:
  • CJEU Case C-151/24 / Opinion
    Istituto nazionale della previdenza sociale (INPS) v V. M
    Decision date:

Droit constitutionnel national

45 results found

  • Sweden / Instrument of Government
    URL:
    Kungörelse (1974:152) om beslutad ny regeringsform
    Pays:
    Sweden

    Chapter 1 - Basic principles of the form of government: Article 2(...) The personal, economic and cultural welfare of the individual shall be fundamental aims of public activity. In particular, the public institutions shall secure the right to employment, housing and education, and shall promote social care and social security, as well as favourable conditions for good health. (...)

  • A Magyar Köztársaság Alkotmánya
    URL:
    A Magyar Köztársaság Alkotmánya
    Pays:
    Hungary

    17 § A Magyar Köztársaság a rászorulókról kiterjedt szociális intézkedésekkel gondoskodik.66 § (…) (2) A Magyar Köztársaságban az anyáknak a gyermek születése előtt és után külön rendelkezések szerint támogatást és védelmet kell nyújtani.70/E § (1) A Magyar Köztársaság állampolgárainak joguk van a szociális biztonsághoz; öregség, betegség, rokkantság, özvegység, árvaság és önhibájukon kívül bekövetkezett munkanélküliség esetén a megélhetésükhöz szükséges ellátásra jogosultak.(2) A Magyar Köztársaság az ellátáshoz való jogot a társadalombiztosítás útján és a szociális intézmények rendszerével valósítja meg.

  • Constitution of Finland
    URL:
    Constitution of Finland
    Pays:
    Finland

    Article19Those who cannot obtain the means necessary for a life of dignity have the right to receive indispensable subsistence and care.Everyone shall be guaranteed by an Act the right to basic subsistence in the event of unemployment, illness, and disability and during old age as well as at the birth of a child or the loss of a provider.The public authorities shall guarantee for everyone, as provided in more detail by an Act, adequate social, health and medical services and promote the health of the population. Moreover, the public authorities shall support families and others responsible for providing for children so that they have the ability to ensure the wellbeing and personal development of the children.The public authorities shall promote the right of everyone to housing and the opportunity to arrange their own housing.

  • Constitution of Finland
    URL:
    Constitution of Finland
    Pays:
    Finland

    Section 19 The right to social security Those who cannot obtain the means necessary for a life of dignity have the right to receive indispensable subsistence and care. Everyone shall be guaranteed by an Act the right to basic subsistence in the event of unemployment, illness, and disability and during old age as well as at the birth of a child or the loss of a provider. The public authorities shall guarantee for everyone, as provided in more detail by an Act, adequate social, health and medical services and promote the health of the population. Moreover, the public authorities shall support families and others responsible for providing for children so that they have the ability to ensure the wellbeing and personal development of the children. The public authorities shall promote the right of everyone to housing and the opportunity to arrange their own housing.

  • Constitution of Malta
    URL:
    Constitution of Malta
    Pays:
    Malta

    Article 17(1) Every citizen incapable of work and unprovided with the resources necessary for subsistence is entitled to maintenance and social assistance.(2) Workers are entitled to reasonable insurance on a contributory basis for their requirements in case of accident, illness, disability, old-age and involuntary unemployment. (3) Disabled persons and persons incapable of work are entitled to education and vocational training.

  • Constitution of the Hellenic Republic
    URL:
    Constitution of the Hellenic Republic
    Pays:
    Greece

    Article 22 (5). The State shall care for the social security of the working people, as specified by law.

  • Constitution of the Italian Republic
    URL:
    Constitution of the Italian Republic
    Pays:
    Italy

    Art. 31. The Republic assists the formation of the family and the fulfilment of its duties, with particular consideration for large families, through economic measures and other benefits. Art. 38. Every citizen unable to work and without the necessary means of subsistence is entitled to welfare support. Workers have the right to be assured adequate means for their needs and necessities in the case of accidents, illness, disability, old age and involuntary unemployment. (...) Art. 47. (...) The Republic promotes house and farm ownership and direct and indirect shareholding in the main national enterprises through the use of private savings. The Republic protects mothers, children and the young by adopting necessary provisions.

  • Constitution of the Republic of Bulgaria
    URL:
    Constitution of the Republic of Bulgaria
    Pays:
    Bulgaria

    Article 51(1) Citizens shall have the right to social security and social assistance.(2) The State shall provide social security for the temporarily unemployed in accordance with conditions and procedures established by law.(3) The aged without relatives and unable to support themselves, as well as persons with physical and mental disabilities shall receive special protection from the State and society.

  • Constitution of the Republic of Croatia
    URL:
    Constitution of the Republic of Croatia
    Pays:
    Croatia

    Article 57
    The right of employees and their family members to social security and social insurance shall
    be regulated by law and collective agreements.
    Rights related to child-birth, maternity and child care shall be regulated by law.

    Article 58
    (1) The state shall ensure the right to assistance for weak, infirm or other persons unable to meet their basic subsistence needs as a result of their unemployment or incapacity for work.
    (4)Receiving humanitarian aid from abroad may not be forbidden.

  • Constitution of the Republic of Estonia
    URL:
    Constitution of the Republic of Estonia
    Pays:
    Estonia

    Article 28. (…) Every citizen of Estonia is entitled to government assistance in the case of old age, incapacity for work, loss of provider, or need. The categories and extent of the assistance, and the conditions and procedure for its allocation are provided by law. Unless otherwise provided by law, citizens of foreign states and stateless persons in Estonia enjoy this right equally with citizens of Estonia.
    The national government facilitates voluntary provision of welfare services and provision of welfare services by local authorities.
    Families with a large number of children as well as people with disabilities enjoy special care of the national government and of local authorities.

  • Constitution of the Republic of Hungary
    URL:
    Constitution of the Republic of Hungary
    Pays:
    Hungary

    Article 17The Republic of Hungary shall provide support for those in need through a wide range of social measures.Article 66(…) (2) In the Republic of Hungary mothers shall receive support and protection before and after the birth of the child, in accordance with separate regulations.(…)Article 70/E(1) Citizens of the Republic of Hungary have the right to social security; they are entitled to the support required to live in old age, and in the case of sickness, disability, being widowed or orphaned and in the case of unemployment through no fault of their own.(2) The Republic of Hungary shall implement the right to social support through the social security system and the system of social institutions.

  • Constitution of the Republic of Latvia
    URL:
    Constitution of the Republic of Latvia
    Pays:
    Latvia

    109. Everyone has the right to social security in old age, for work disability, for unemployment and in other cases as provided by law. 111. The State shall protect human health and guarantee a basic level of medical assistance for everyone.

  • Constitution of the Republic of Lithuania
    URL:
    Constitution of the Republic of Lithuania
    Pays:
    Lithuania

    Article 48. Everyone may freely choose a job or business, and shall have the right to have proper, safe, and healthy conditions at work, as well as to receive fair pay for work and social security in the event of unemployment. Article 52. The State shall guarantee its citizens the right to receive old-age and disability pensions, as well as social assistance in the event of unemployment, sickness, widowhood, the loss of the breadwinner, and in other cases provided for by law.

  • Constitution of the Republic of Poland
    URL:
    Constitution of the Republic of Poland
    Pays:
    Poland

    Article 671. A citizen shall have the right to social security whenever incapacitated for work by reason of sickness or invalidism as well as having attained retirement age. The scope and forms of social security shall be specified by statute.2. A citizen who is involuntarily without work and has no other means of support, shall have the right to social security, the scope of which shall be specified by statute.Article 681. Everyone shall have the right to have his health protected.2. Equal access to health care services, financed from public funds, shall be ensured by public authorities to citizens, irrespective of their material situation. The conditions for, and scope of, the provision of services shall be established by statute. (...)Article 711. The State, in its social and economic policy, shall take into account the good of the family. Families, finding themselves in difficult material and social circumstances - particularly those with many children or a single parent - shall have the right to special assistance from public authorities. (...)Article 751. Public authorities shall pursue policies conducive to satisfying the housing needs of citizens, in particular combatting homelessness, promoting the development of low-income housing and supporting activities aimed at acquisition of a home by each citizen.2. Protection of the rights of tenants shall be established by statute.

  • Constitution of the Republic of Poland
    URL:
    Constitution of the Republic of Poland
    Pays:
    Poland

    Article 67.1. A citizen shall have the right to social security whenever incapacitated for work by reason of sickness or invalidism as well as having attained retirement age. The scope and forms of social security shall be specified by statute.2. A citizen who is involuntarily without work and has no other means of support, shall have the right to social security, the scope of which shall be specified by statute.Article 68.1. Everyone shall have the right to have his health protected.2. Equal access to health care services, financed from public funds, shall be ensured by public authorities to citizens, irrespective of their material situation. The conditions for, and scope of, the provision of services shall be established by statute. (...)Article 71.1. The State, in its social and economic policy, shall take into account the good of the family. Families, finding themselves in difficult material and social circumstances - particularly those with many children or a single parent - shall have the right to special assistance from public authorities. (...)Article 75.1. Public authorities shall pursue policies conducive to satisfying the housing needs of citizens, in particular combatting homelessness, promoting the development of low-income housing and supporting activities aimed at acquisition of a home by each citizen.2. Protection of the rights of tenants shall be established by statute.

  • Constutution of Ireland
    URL:
    Constitution of Ireland
    Pays:
    Ireland

    Article 45 the principles of social policy set forth in this article
    are intended for the general guidance of the
    oireachtas. the application of those principles in the
    making of laws shall be the care of the oireachtas
    exclusively, and shall not be cognisable by any court
    under any of the provisions of this constitution. 1. The State shall strive to promote the welfare of the whole people by securing and protecting as effectively as it may a social order in which justice and charity shall inform all the institutions of the national life. 2. The State shall, in particular, direct its policy towards securing:(i) That the citizens (all of whom, men and women equally, have the right to an adequate means of livelihood) may through their occupations find the means of making reasonable provision for their domestic needs.(ii) That the ownership and control of the material resources of the community may be so distributed amongst private individuals and the various classes as best to serve the common good.(iii) That, especially, the operation of free competition shall not be allowed so to develop as to result in the concentration of the ownership or control of essential commodities in a few individuals to the common detriment.(iv) That in what pertains to the control of credit the constant and predominant aim shall be the welfare of the people as a whole.(v) That there may be established on the land in economic security as many families as in the circumstances shall be practicable.(...) Article 45.4.1. The State pledges itself to safeguard with especial care the economic interests of the weaker sections of the community, and, where necessary, to contribute to the support of the infirm, the widow, the orphan, and the aged.  Article 41.2.2. The state shall ... endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home.

  • Costituzione della Repubblica Italiana
    URL:
    Costituzione della Repubblica Italiana
    Pays:
    Italy

     Art. 31. La Repubblica agevola con misure economiche e altre provvidenze la formazione della famiglia e l'adempimento dei compiti relativi, con particolare riguardo alle famiglie numerose.Protegge la maternità e l'infanzia e la gioventù, favorendo gli istituti necessari a tale scopo. Art. 38. Ogni cittadino inabile al lavoro e sprovvisto dei mezzi necessari per vivere ha diritto al mantenimento e all'assistenza sociale.I lavoratori hanno diritto che siano preveduti ed assicurati mezzi adeguati alle loro esigenze di vita in caso di infortunio, malattia, invalidità e vecchiaia, disoccupazione involontaria. (...) Art. 47. La Repubblica (...) Favorisce l’accesso del risparmio popolare alla proprietà dell’abitazione, alla proprietà diretta coltivatrice e al diretto e indiretto investimento azionario nei grandi complessi produttivi del Paese.

  • Czechia / Charter of Fundamental Rights and Freedoms
    URL:
    Charter of Fundamental Rights and Freedoms
    Pays:
    Czechia

    Article 30 (1) Citizens have the right to adequate material security in old age and during periods of work incapacity, as well as in the case of the loss of their provider. (2) Everyone who suffers from material need has the right to such assistance as is necessary to ensure her a basic living standard. (3) Detailed provisions shall be set by law. Article 32 (…) (5) Parents who are raising children have the right to assistance from the state.

  • Danmarks Riges Grundlov
    URL:
    Danmarks Riges Grundlov
    Pays:
    Denmark

    § 75. Stk. 2. Den, der ikke selv kan ernære sig eller sine, og hvis forsørgelse ikke påhviler nogen anden, er berettiget til hjælp af det offentlige, dog mod at underkaste sig de forpligtelser, som loven herom påbyder.

  • De Belgische Grondwet
    URL:
    De Belgische Grondwet
    Pays:
    Belgium

     Artikel 23Ieder heeft het recht een menswaardig leven te leiden.Daartoe waarborgen de wet, het decreet of de in artikel 134 bedoelde regel, rekening houdend met de overeenkomstige plichten, de economische, sociale en culturele rechten, waarvan ze de voorwaarden voor de uitoefening bepalen.Die rechten omvatten inzonderheid: (...) 2° het recht op sociale zekerheid, bescherming van de gezondheid en sociale, geneeskundige en juridische bijstand; 3° het recht op een behoorlijke huisvesting (...)

Droit de l'UE

14 results found

  • Regulation (EU) 2021/1057 of the European Parliament and of the Council of 24 June 2021 establishing the European Social Fund Plus (ESF+) and repealing Regulation (EU) No 1296/2013
    URL:
    Regulation (EU) 2021/1057 of the European Parliament and of the Council of 24 June 2021 establishing the European Social Fund Plus (ESF+) and repealing Regulation (EU) No 1296/2013

    Article 8

    Respect for the Charter

    1. All operations shall be selected and implemented while respecting the Charter of Fundamental Rights of the European Union (the ‘Charter’) and in accordance with the relevant provisions of Regulation (EU) 2021/1060.

    2. In accordance with Article 69(7) of Regulation (EU) 2021/1060, Member States shall ensure the effective examination of complaints. This is without prejudice to the general possibility of citizens and stakeholders to address complaints to the Commission, including with regard to infringements of the Charter.

    3. Where the Commission finds that there has been an infringement of the Charter, the Commission shall take into account the gravity of the infringement in its determination of the corrective measures to be applied in line with the relevant provisions of Regulation (EU) 2021/1060.

  • Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers
    URL:
    (Directive on the conditions of entry and stay of third-country nationals as seasonal workers)

    Preamble

    ‘(46) Third-country national seasonal workers should be granted equal treatment in respect of those branches of social security listed in Article 3 of Regulation (EC) No 883/2004 of the European Parliament and of the Council (13). This Directive does not harmonise the social security legislation of Member States and does not cover social assistance. It is limited to applying the principle of equal treatment in the field of social security to the persons falling within its scope. This Directive should not confer more rights than those already provided in existing Union legislation in the field of social security for third-country nationals who have cross-border interests between Member States.
    Due to the temporary nature of the stay of seasonal workers and without prejudice to Regulation (EU) No 1231/2010 of the European Parliament and of the Council (14), Member States should be able to exclude family benefits and unemployment benefits from equal treatment between seasonal workers and their own nationals and should be able to limit the application of equal treatment in relation to education and vocational training, as well as tax benefits.
    This Directive does not provide for family reunification. Furthermore, this Directive does not grant rights in relation to situations which lie outside the scope of Union law such as, for example, situations where family members reside in a third country. That should not, however, affect the right of survivors who derive rights from the seasonal worker to receive survivor’s pensions when residing in a third country. This should be without prejudice to the non-discriminatory application by Member States of national law providing for de minimis rules on contributions to pension systems. Mechanisms should be in place in order to ensure effective social security coverage during the stay and the exporting of acquired rights of the seasonal workers, where applicable.
    (47) Union law does not limit the power of the Member States to organise their social security schemes. In the absence of harmonisation at Union level, it is for each Member State to lay down the conditions under which social security benefits are granted, as well as the amount of such benefits and the period for which they are granted. However, when exercising that power, Member States should comply with Union law.‘

    (52) This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular, Articles 7, 15(3), 17, 27, 28, 31 and 33(2) thereof, in accordance with Article 6 TEU

    Article 23 - Right to equal treatment

    ‘1. Seasonal workers shall be entitled to equal treatment with nationals of the host Member State at least with regard to:
    (a) terms of employment, including the minimum working age, and working conditions, including pay and dismissal, working hours, leave and holidays, as well as health and safety requirements at the workplace;
    (b) the right to strike and take industrial action, in accordance with the host Member State’s national law and practice, and freedom of association and affiliation and membership of an organisation representing workers or of any organisation whose members are engaged in a specific occupation, including the rights and benefits conferred by such organisations, including the right to negotiate and conclude collective agreements, without prejudice to the national provisions on public policy and public security;
    (c) back payments to be made by the employers, concerning any outstanding remuneration to the third-country national;
    (d) branches of social security, as defined in Article 3 of Regulation (EC) No 883/2004;
    (e) access to goods and services and the supply of goods and services made available to the public, except housing, without prejudice to the freedom of contract in accordance with Union and national law;
    (f) advice services on seasonal work afforded by employment offices;
    (g) education and vocational training;
    (h) recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures;
    (i) tax benefits, in so far as the seasonal worker is deemed to be resident for tax purposes in the Member State concerned.
    Seasonal workers moving to a third country, or the survivors of such seasonal workers residing in a third-country deriving rights from the seasonal worker, shall receive statutory pensions based on the seasonal worker’s previous employment and acquired in accordance with the legislation set out in Article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as the nationals of the Member States concerned when they move to a third country.
    2. Member States may restrict equal treatment:
    (i) under point (d) of the first subparagraph of paragraph 1 by excluding family benefits and unemployment benefits, without prejudice to Regulation (EU) No 1231/2010;
    (ii) under point (g) of the first subparagraph of paragraph 1 by limiting its application to education and vocational training which is directly linked to the specific employment activity and by excluding study and maintenance grants and loans or other grants and loans;
    (iii) under point (i) of the first subparagraph of paragraph 1 with respect to tax benefits by limiting its application to cases where the registered or usual place of residence of the family members of the seasonal worker for whom he/she claims benefits, lies in the territory of the Member State concerned.
    3. The right to equal treatment provided for in paragraph 1 shall be without prejudice to the right of the Member State to withdraw or to refuse to extend or renew the authorisation for the purpose of seasonal work in accordance with Articles 9 and 15.‘

  • Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educa...
    URL:
    (Directive on entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing)

    Preamble:
    ‘(55) Equal treatment as granted to researchers and students, as well as trainees, volunteers and au pairs when they are considered to be in an employment relationship in the Member State concerned, includes equal treatment in respect of those branches of social security listed in Article 3 of Regulation (EC) No 883/2004 of the European Parliament and of the Council (13). This Directive does not harmonise the social security legislation of Member States. It is limited to applying the principle of equal treatment in the field of social security to the third-country nationals falling within its scope. In addition, this Directive does not grant rights in relation to situations which lie outside the scope of Union law, such as in relation to family members residing in a third country. That should not affect, however, the right of survivors who derive rights from third-country nationals falling under the scope of this Directive, where applicable, to receive survivors' pensions when residing in a third country.
    (56) In many Member States, the right to family benefits is conditional upon a certain connection with that Member State since the benefits are designed to support a positive demographic development in order to secure the future work force in that Member State. Therefore, this Directive should not affect the right of a Member State to restrict, under certain conditions, equal treatment in respect of family benefits when the researcher and the accompanying family members are staying temporarily in that Member State.
    (57) In the event of mobility between Member States, Regulation (EU) No 1231/2010 of the European Parliament and of the Council (14) applies. This Directive should not confer more rights than those already provided for in existing Union law in the field of social security for third-country nationals who have cross-border interests between Member States.‘

  • Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer
    URL:
    (Directive on entry and residence of third-country nationals in the framework of an intra-corporate transfer)

    Preamble:
    ‘(38) Adequate social security coverage for intra-corporate transferees, including, where relevant, benefits for their family members, is important for ensuring decent working and living conditions while staying in the Union. Therefore, equal treatment should be granted under national law in respect of those branches of social security listed in Article 3 of Regulation (EC) No 883/2004 of the European Parliament and of the Council (10). This Directive does not harmonise the social security legislation of Member States. It is limited to applying the principle of equal treatment in the field of social security to the persons falling within its scope. The right to equal treatment in the field of social security applies to third-country nationals who fulfil the objective and non-discriminatory conditions laid down by the law of the Member State where the work is carried out with regard to affiliation and entitlement to social security benefits.
    In many Member States, the right to family benefits is conditional upon a certain connection with that Member State since the benefits are designed to support a positive demographic development in order to secure the future work force in that Member State. Therefore, this Directive should not affect the right of a Member State to restrict, under certain conditions, equal treatment in respect of family benefits, since the intra-corporate transferee and the accompanying family members are staying temporarily in that Member State. Social security rights should be granted without prejudice to provisions of national law and/or bilateral agreements providing for the application of the social security legislation of the country of origin. However, bilateral agreements or national law on social security rights of intra-corporate transferees which are adopted after the entry into force of this Directive should not provide for less favourable treatment than the treatment granted to nationals of the Member State where the work is carried out. As a result of national law or such agreements, it may be, for example, in the interests of the intra-corporate transferees to remain affiliated to the social security system of their country of origin if an interruption of their affiliation would adversely affect their rights or if their affiliation would result in their bearing the costs of double coverage. Member States should always retain the possibility to grant more favourable social security rights to intra-corporate transferees. Nothing in this Directive should affect the right of survivors who derive rights from the intra-corporate transferee to receive survivor's pensions when residing in a third country.
    (39) In the event of mobility between Member States, Regulation (EU) No 1231/2010 of the European Parliament and of the Council (11) should apply accordingly. This Directive should not confer more rights than those already provided for in existing Union law in the field of social security for third-country nationals who have cross-border interests between Member States.‘
    Article 18 Right to equal treatment
    ‘2. Intra-corporate transferees shall enjoy equal treatment with nationals of the Member State where the work is carried out as regards:
    (c) provisions in national law regarding the branches of social security defined in Article 3 of Regulation (EC) No 883/2004, unless the law of the country of origin applies by virtue of bilateral agreements or the national law of the Member State where the work is carried out, ensuring that the intra-corporate transferee is covered by the social security legislation in one of those countries. In the event of intra-EU mobility, and without prejudice to bilateral agreements ensuring that the intra-corporate transferee is covered by the national law of the country of origin, Regulation (EU) No 1231/2010 shall apply accordingly; [...]‘

Droit international

5 results found

  • Committee on Economic, Social and Cultural Rights General comment No. 20 (2009) Non-discrimination in economic, social and cultural rights (art. 2, para. 2, of the International Covenant on Economic, Social and Cultural Rights)
    URL
    (Committee on Economic, Social and Cultural Rights General comment No. 20)

    Marital and family status
    ‘31. Marital and family status may differ between individuals because, inter alia, they are married or unmarried, married under a particular legal regime, in a de facto relationship or one not recognized by law, divorced or widowed, live in an extended family or kinship group or have differing kinds of responsibility for children and dependants or a particular number of children. Differential treatment in access to social security benefits on the basis of whether an individual is married must be justified on reasonable and objective criteria. In certain cases, discrimination can also occur when an individual is unable to exercise a right protected by the Covenant because of his or her family status or can only do so with spousal consent or a relative’s concurrence or guarantee.‘

  • Committee on Economic, Social and Cultural Rights, General comment No. 19 (2007) - The right to social security (art. 9)
    URL
    (Committee on Economic, Social and Cultural Rights, General comment No. 19)
  • Committee on the Elimination of Discrimination against Women, General recommendation No. 34 (2016) on the rights of rural women
    URL
    (Committee on the Elimination of Discrimination against Women, General recommendation No. 34)

    ‘17. States parties should promote inclusive and sustainable economic development which enables rural women to enjoy their rights, and: [...] (c) Ensure that they are able to effectively and directly benefit from economic and social programmes by involving them in the design and development of all relevant plans and strategies, such as those related to health, education, employment, social security, etc.‘
    ‘40. Article 14, paragraph 2(c) requires States parties to ensure that rural women benefit directly from social security. However, a majority of rural women have limited opportunities in the formal labour market, and are more likely to be engaged in activities not regulated by labour codes and social security legislation linked with formal employment. They are therefore exposed to increased risks and need measures of social protection taking their situation into account.
    41. In order to eliminate discrimination against rural women in economic and social life, States parties should:
    (a) Ensure that rural women engaged in unpaid work and/or in the informal sector have access to non-contributory social protection in line with GR 16 (1991) on unpaid women workers in rural and urban family enterprises, and that those employed in the formal sector have access to contributory social security benefits in their own right, irrespective of their marital status;
    (b) Adopt gender-responsive social protection floors to ensure that all rural women have access to essential health care, childcare facilities and income security, in line with article 14, paragraph 2 (b) and (h) and ILO Recommendation No. 202 (2012) on social protection floors.‘

  • Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families
    URL
    (Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, General comment No. 2)

    2. Right to social security
    ‘67. With respect to social security, article 27, paragraph 1, of the Convention provides that all migrant workers and members of their families shall have the right to the same treatment granted to nationals of the State of employment, insofar as they fulfil the requirements provided for by the applicable legislation of that State and the applicable bilateral and multilateral treaties. When a State party enacts legislation providing for the payment of a social benefit, whether conditional or not on the prior payment of contributions, and if the migrant worker concerned fulfils the requirements provided for in such legislation, it cannot arbitrarily exclude him or her from that benefit or limit his or her access to such benefit, as the prohibition of discrimination applies to the right to social security. Accordingly, any distinction based on nationality or migration status must be prescribed by law, pursue a legitimate aim under the Convention, be necessary in the specific circumstances, and be proportionate to the legitimate aim pursued. While States parties enjoy a certain margin of discretion in assessing whether and to what extent differences in otherwise similar situations justify different treatment, they must explain how such different treatment, based exclusively on nationality or migration status, is compatible with articles 7 and 27. [...]‘

  • ILO R202 - Social Protection Floors Recommendation, 2012 (No. 202)
    URL
    (Social Protection Floors Recommendation, No. 202)

    ‘4. Members should, in accordance with national circumstances, establish as quickly as possible and maintain their social protection floors comprising basic social security guarantees. The guarantees should ensure at a minimum that, over the life cycle, all in need have access to essential health care and to basic income security which together secure effective access to goods and services defined as necessary at the national level.
    5. The social protection floors referred to in Paragraph 4 should comprise at least the following basic social security guarantees:
    (a) access to a nationally defined set of goods and services, constituting essential health care, including maternity care, that meets the criteria of availability, accessibility, acceptability and quality;
    (b) basic income security for children, at least at a nationally defined minimum level, providing access to nutrition, education, care and any other necessary goods and services;
    (c) basic income security, at least at a nationally defined minimum level, for persons in active age who are unable to earn sufficient income, in particular in cases of sickness, unemployment, maternity and disability; and
    (d) basic income security, at least at a nationally defined minimum level, for older persons.
    6. Subject to their existing international obligations, Members should provide the basic social security guarantees referred to in this Recommendation to at least all residents and children, as defined in national laws and regulations.
    7. Basic social security guarantees should be established by law. National laws and regulations should specify the range, qualifying conditions and levels of the benefits giving effect to these guarantees. Impartial, transparent, effective, simple, rapid, accessible and inexpensive complaint and appeal procedures should also be specified. Access to complaint and appeal procedures should be free of charge to the applicant. Systems should be in place that enhance compliance with national legal frameworks.
    8. When defining the basic social security guarantees, Members should give due consideration to the following:
    (a) persons in need of health care should not face hardship and an increased risk of poverty due to the financial consequences of accessing essential health care. Free prenatal and postnatal medical care for the most vulnerable should also be considered;
    (b) basic income security should allow life in dignity. Nationally defined minimum levels of income may correspond to the monetary value of a set of necessary goods and services, national poverty lines, income thresholds for social assistance or other comparable thresholds established by national law or practice, and may take into account regional differences;
    (c) the levels of basic social security guarantees should be regularly reviewed through a transparent procedure that is established by national laws, regulations or practice, as appropriate; and
    (d) in regard to the establishment and review of the levels of these guarantees, tripartite participation with representative organizations of employers and workers, as well as consultation with other relevant and representative organizations of persons concerned, should be ensured. [...]‘

Produits

  • Periodic updates / Series
    29
    septembre
    2023

    The Russian aggression against Ukraine – Children fleeing Ukraine finding protection in the EU - Bulletin 3

    Russia’s invasion of Ukraine posed new challenges for the EU. Millions were forced to flee the war. As a result of the scale of people’s displacement, the EU activated for the first time the Temporary Protection Directive (TPD). More than 1.3 million children sought international protection in the EU. This bulletin explores the respect, protection and fulfilment of the fundamental rights of displaced children and ways to safeguard their rights. The third in a series, this bulletin builds on the evidence in FRA’s Bulletin #1 and #2 on the experiences of displaced people seeking safety in the EU.
  • Report / Paper / Summary
    13
    septembre
    2023

    Fundamental rights of older people: ensuring access to public services in digital societies

    Europe’s ageing population is ever-increasing, and our societies are becoming more digitalised. Many public services are now available online, with many more services in the process of being digitalised. But the digitalisation of public services poses a risk of exclusion for older persons. In this new report, FRA explores the impact of digitalisation on the fundamental rights of older persons. The report maps the current legislation, policies and practices fostering digital inclusion. It provides an overview of the laws at the national level that provide for equal access to public services, both online and offline. The findings show how Member States safeguard older person’s rights to access services undergoing digitalisation. It outlines how Member States can support digital skills and ensure older people can fully participate in public life.

  • Report / Paper / Summary
    6
    septembre
    2023

    Promoting migrant integration – Strengthening EU law on long-term residence

    Integration and social inclusion are important aspects of EU migration and asylum policy. The fundamental rights of long-term residents in the EU are explored through this report, focussing on the Long-Term Residence Directive. EU long-term resident status includes rights to move and reside in other EU Member States. This report examines the reasons behind the low uptake of EU long-term resident permits, despite them typically giving more rights than national long-term resident permits.
  • Fundamental Rights Report
    8
    juin
    2023

    Rapport sur les droits fondamentaux 2023 - Avis de la FRA

    L’année 2022 a été marquée à la fois par des avancées et des reculs en matière de protection des droits fondamentaux. Le Rapport sur les droits fondamentaux 2023 de l’Agence des droits fondamentaux de l’Union européenne (FRA) examine les principales évolutions dans ce domaine, en recensant les progrès accomplis et les sujets de préoccupation persistants. La présente publication expose les avis de la FRA sur les principales évolutions dans les domaines thématiques couverts ainsi qu’un résumé des éléments factuels qui étayent ces avis.
  • Fundamental Rights Report
    8
    juin
    2023

    Fundamental Rights Report 2023

    FRA’s Fundamental Rights Report 2023 reviews major developments in the field in 2022, identifying both achievements and areas of concern. It also presents FRA’s opinions on these developments, including a synopsis of the evidence supporting these opinions.
  • Fundamental Rights Report
    8
    juin
    2023

    Conséquences en matière de droits fondamentaux de la guerre en Ukraine pour l’UE

    La guerre d'agression non provoquée de la Russie contre l'Ukraine a entraîné des déplacements massifs de personnes à l'intérieur et à l'extérieur du pays. L'Union européenne (UE) a rapidement activé sa directive relative à la protection
    temporaire pour la première fois depuis son adoption en 2001. Cela a donné à près de 4 millions de personnes le droit à un séjour régulier et à un accès au travail, au logement, à l'assistance juridique, à l'éducation et aux soins de santé.
  • Report / Paper / Summary
    2
    Février
    2023

    How did cities welcome displaced people from Ukraine?

    Many cities throughout the European Union hosted people fleeing Russia’s war of aggression against Ukraine. The EU currently faces the largest displacement of people in Europe since World War II. Since February 2022, over seven million people came to the EU. The arrival of such large numbers of people thrust cities and local governments to the forefront of the EU and its Member States’ relief work. This short publication provides a snapshot of cities’ initiatives to address this humanitarian crisis.
    юлия чубарова © adobestock.com, 2023
  • Periodic updates / Series
    21
    octobre
    2022

    The Russian war of aggression against Ukraine ― The broad fundamental rights impact in the EU - Bulletin 2

    The Russian invasion of Ukraine triggered solidarity from EU governments, local authorities and society as they welcomed more than 7 million people fleeing the aggression. The European Union’s rapid response, activating the EU Temporary Protection Directive, offered welcome relief and much-needed support to those in need. It allowed displaced persons the opportunity to quickly settle and to work, travel and access services across the EU. But other pressing human rights issues have come to the fore and remain high on the EU’s agenda, such as human trafficking, sexual and gender-based violence, hate crime and hate-fuelled disinformation.
    © European Union, 2022
  • Fundamental Rights Report
    8
    juin
    2022

    Fundamental Rights Report 2022

    FRA’s Fundamental Rights Report 2022 reviews major developments in the field in 2021, identifying both achievements and areas of concern. It also presents FRA’s opinions on these developments, including a synopsis of the evidence supporting these opinions.
  • Fundamental Rights Report
    8
    juin
    2022

    Droits sociaux et égalité dans le contexte de la reprise à l’issue de la pandémie de COVID-19

    Le présent focus s’intéresse à l’impact de la pandémie sur les droits sociaux. Il examine les mesures des plans nationaux de relance et de résilience qui visent les vulnérabilités sociales de divers groupes de population dans l’UE, notamment les femmes, les enfants et les jeunes en situation de vulnérabilité, les personnes handicapées, les personnes âgées, les Roms et les personnes dont les conditions de travail sont précaires.