Free movement of workers in the eu and occupational pensions: conflicting priorities? between case law and legislative interventions - Archive ouverte HAL Access content directly
Journal Articles European Journal of Social Security Year : 2017

Free movement of workers in the eu and occupational pensions: conflicting priorities? between case law and legislative interventions

(1) , (2)
1
2

Abstract

The European Union appears to be promoting at the same time both cross-national mobility of workers and an increased role for occupational pensions. There is, however, a potential tension between these two objectives because workers risk losing (some of) their pension rights under an occupational scheme as a consequence of their mobility. After long negotiations, the EU has addressed this issue through a minimum standards Directive. Shortly before the adoption of this Directive, the Court of Justice also delivered an important decision in the same field, in the case of Casteels v British Airways. By analysing the resulting legal framework for safeguarding pension rights under occupational schemes in the context of workers’ mobility, we argue that the application of the case law developed by the Court of Justice in the field of free movement of workers has the potential to offer superior protection compared to the Directive. We also highlight the fact that the present legal framework seems to afford a much fuller protection to the intracompany cross-national mobility of workers employed by multinational companies, while also seemingly favouring mobility for highly specialised workers.
Fichier principal
Vignette du fichier
2017-EJSS19(2)-del Sol and Rocca article.pdf (163.42 Ko) Télécharger le fichier
Origin : Files produced by the author(s)
Loading...

Dates and versions

halshs-01551386 , version 1 (30-06-2017)

Identifiers

Cite

Marion del Sol, Marco Rocca. Free movement of workers in the eu and occupational pensions: conflicting priorities? between case law and legislative interventions. European Journal of Social Security, 2017, 19 (2), pp.141-157. ⟨10.1177/1388262717711776⟩. ⟨halshs-01551386⟩
87 View
1213 Download

Altmetric

Share

Gmail Facebook Twitter LinkedIn More