Individualization of Social Rights in the European Context 2103-ERASMUS-ISREC
The lecture is part of the course that concentrates on legal international
and national aspects of individualization of social rights. Its aim is to
familiarize students with the following issues:
1.Social rights issuing from the international and the European Union law.
The presented analysis will include human rights and entitlements deriving
from these, incorporating a particular focus on social and economic rights
that are established in the sources of international law.
2.The scope of the term “individualization of social rights”. The term is
applied as used in the academic research study and literature in the
European context. The individualization of social rights means replacing
the derived rights (les droits dérives), pertaining to family relations and
marriage (or other forms of relationship) by the individual (proper) rights
(des droits propres) it can be stated that in Europe the legislation on social
security is characterized by a high degree of individualization of social
rights.
3. Individualization of social rights in the international regulations, such as
International Labour Organization (ILO), Council of Europe (CE). Particular
attention shall be paid to the activities of the International Labour
Organization while incorporating social security conventions referencing
social rights as well as social security rights. The scope of the lecture will
cover also the activities of the Council of Europe, including the provisions
of the European Social Chart.
4.Individualization of social rights within the EU legal framework. Legal
analysis of the Treaty provisions and other activities within the area of
social and economic rights of individual EU citizens. Analysis of secondary
EU legislation and CJ of the EU case-law related to social rights.
5.Individualization of social rights on the national level. The analysis
provided shall concentrate on selected EU Member States with a particular
attention devoted to individualization of social rights pertaining to provisions
adopted therein. It covers the notions of the so-called “old” and “new” social
risks within social security schemes as applied in academic literature.
6. Solutions adopted in some EU countries, in particular in the following
areas: social insurance, pension schemes, sickness insurance, universal
health care insurance, unemployment, family benefits, social assistance in
the context of individualization of social rights.
Also types of benefits within the framework of social security system will be
discussed in detail, as well as social assistance, methods of calculation,
qualifying conditions and rules for the entitlement to benefits. The classes
will concentrate on some aspects of the organization and financing of the
social security schemes.
Type of course
Course coordinators
Learning outcomes
After completing the course students will:
- know key terms and issues in the field of social rights and
individualization of social rights;
- distinguish and describe the legal schemes and solutions adopted
in different legal orders and social security schemes;
- be familiar with relations between institutions competent in social
security legislation and practice.
- be able to apply theoretical knowledge for the study and
description of social rights systems and institutional relations.
- know how to research and explain the role of the process of
individualization of social rights;
- be prepared to formulate opinions and evaluate the usefulness of
information for adapting and changing social rights legislation;
- be aware of the important role of individual social rights in the
social law and social security schemes.
Assessment criteria
Participation
Research assignment covering selected topic
Final written exam
Bibliography
1. MISOCC 2021, Social Protection in the EU. Member States and the
European Economic Area. European Commission
2. Polityka Społeczna; Polish Monthly Journal „Social Policy” „Old”
and „New” social risk No 1(9) ENG Warsaw 2013
3. Polityka Społeczna ;Special Issue on the Polish Monthly Journal
on ”Social Policy” Indididualisation of Social Rights; Social Rights:
Individual or Derived ? ( The concept: Theory, Legislation and
Implementation; Universal Human Rights; Social Cictizenship, EU
Citizenship and Social Rights; Family, Marriage and Social
Rights; Individualisation of the European level; Social Rights in
National Social Security Schemes) Warsaw 2010
4. Kerschen N. (2005) Towards Individualization of Social Rights in
European Perspective, Paris 2005 (publish in the special issue of
the Polish Monthly Journal on “Social Policy” in 2005; The future
of Social Security System. Poland Compared with Europe.
Warsaw December ,s.33-38
5.European Commission(1997)Communication on Modernizing and
Improving Social Protection in the European Union,12 March,
COM(97)102
6.Uścińska G.Legal Aspects of the Individualisation of Social Rights –
an Analysis on the International Level, „Polityka Społeczna” 2010,
„Individualisation of Social Rights. Social Rights: Individual or
Derived?”, s. 4–10.
7.Uścińska G. Social Rights in the Polish Social Security Scheme.
The Scope of Individualisation, „Polityka Społeczna” 2010,
„Individualisation of Social Rights. Social Rights: Individual or
Derived?”, s. 34–40.
8.Uścińska G. Social Risk as a Prerequisite for Protection in Social
Security Scheme, „Polityka Społeczna” 2013, nr 1 ENG, „Old and
New Social Risk”, s. 3–8,
Additional information
Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system: