Free movement of workers in the EU and occupational pensions: conflicting priorities? Between case law and legislative interventions
(2017) European Journal of Social Security — Vol. 2017 (2017)
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- 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, as workers risk losing (some of) their pension rights under an occupational scheme as a consequence of their mobility. After a long negotiation the EU has addressed this issue through a minimum standards Directive. Shortly before the adoption of this Directive, the Court of Justice has 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 a superior protection compared to the said Directive. We also highlight that the present legal framework seems to afford a much fuller protection to the intra-company cross-national mobility of workers employed by multinational companies, while also seemingly favouring mobility for highly specialised workers.
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Rocca, M., & Del Sol, M. (2017). Free movement of workers in the EU and occupational pensions: conflicting priorities? Between case law and legislative interventions. European Journal of Social Security, 2017. https://hdl.handle.net/2078.5/182723 (Original work published 2017)