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A Study On The Social Security Law System For Workers Of Free Movement In The European Union

Posted on:2008-03-10Degree:MasterType:Thesis
Country:ChinaCandidate:G H HuangFull Text:PDF
GTID:2166360215968493Subject:International Law
Abstract/Summary:PDF Full Text Request
The essence of a huge and unified European market refers to the free movement of persons together with goods, service and capital. To attain the end of a unified labor market in the European Union (EU), it is a prerequisite to address the social security problem for the workers of free movement. The diversity in EU members' economic development level, tradition and values leads to a great difference in their social security systems. Moreover, there exists profound conflict between social security system's territoriality and worker's mobility. Therefore, it is barely possible to solve the problem solely by one single member, which breeds the need for EU to apply legislative means. Nevertheless, as is required by the Treaty on European Union and its subsidiarity principle, EU is not entitled to design the overall system, its competence confined to coordination only.Against this background, EU has given full play to its wisdom on the issue. On the premise of allowing variance of systems among EU members, EU has worked out a solution to the problem effectively by legislative means such as formulating guidelines, providing conflict law solutions, and establishing Open Method of Coordination, which in turn will help to promote people's free movement and social economic development, and to accelerate the progress of realizing "European Society".In China, owing to a variety of reasons, no unified social security law system has been set up until now. The social security problem with respect to flowing labor, especially the peasant-workers, remains unsolved. By virtue of great similarities between Chinese peasant-workers and EU workers of free movement in terms of social security, the author, in this thesis, proposes a solution to Chinese peasant-workers' social security problem by borrowing EU experience in resorting to legislative means, aiming to safeguard human right, to ensure a stable development of economy and society, and to realize social justice.
Keywords/Search Tags:European Union, Free Movement of Worker, Social Security Soft Legislation, Peasant-workers
PDF Full Text Request
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