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Constitutional and conventional protection of social security in the Netherlands

Publication date: 2016

Studies on Labour Law and Social Policy, 2016, Vol. 23, pp. 193 - 202

Authors

Frans Pennings
Guest professor at Gothenburg University, Sweden
Utrecht University, UiL-OTS, The Netherlands
https://orcid.org/0000-0001-8488-228X Orcid
All publications →

Titles

Constitutional and conventional protection of social security in the Netherlands

Abstract

The Dutch constitutional guarantees of social rights are very limited. It is only up to Parliament, and not to courts, to decide whether the guarantees of Article 20 have been infringed. These guarantees are very limited. They require ensuring a subsistence income, but this does not prevent the legislature from imposing conditions on claimants to undertake steps to provide for a living themselves. Such conditions can seriously influence the legal character of benefits.

In Netherlands protection by international treaties can sometimes be invoke, provided that these rules are unconditional and clear enough. In practice this means that rules that are contrary to an equal treatment provision or prohibition of cost sharing are overruled.

References


Information

Information: Studies on Labour Law and Social Policy, 2016, Vol. 23, pp. 193 - 202

Article type: Original article

Titles:

Polish:

Constitutional and conventional protection of social security in the Netherlands

English:

Constitutional and conventional protection of social security in the Netherlands

Authors

https://orcid.org/0000-0001-8488-228X

Frans Pennings
Guest professor at Gothenburg University, Sweden
Utrecht University, UiL-OTS, The Netherlands
https://orcid.org/0000-0001-8488-228X Orcid
All publications →

Guest professor at Gothenburg University, Sweden

Utrecht University, UiL-OTS, The Netherlands

Published at: 2016

Article status: Open

Licence: None

Percentage share of authors:

Frans Pennings (Author) - 100%

Article corrections:

-

Publication languages:

English

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