Research Herwig Verschueren

Abstract

This research investigates the compatibility with the Belgian Constitution, European Union law and the international commitments of Belgium of the proposal to add an additional condition for the entitlement to the income replacement benefit and the integration benefit for disabled persons. The proposal is to introduce a condition of a prior residence period of ten years in Belgium, of which at least five years consecutively.

Researcher(s)

• Promoter: Verschueren Herwig

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

One of the elements which over the past years have received a lot of attention in the European Union's migration policy is the impact of migration on the social systems of the host Member States. In order to protect the national solidarity mechanisms against use thereof by immigrants, the EU introduced in its migration law instruments a number of sufficient resources requirements as a condition for obtaining and keeping the right to reside. However, these provisions have led to much confusion and arbitrary applications, which is highly problematic for the persons and institutions involved. This is due to the very divergent and vague wording of the relevant provisions. In addition, they are implemented differently in the Member States' national legislation and legal disputes about the application of these requirements and their compatibility with fundamental rights, both in national and European courts, keep increasing. This research aims first at analysing the meaning of the sufficient resources conditions in the various EU legal instruments and at comparing their transposition into the Member States' law. It will highlight the lack of clarity and the inconsistencies. Secondly, the research will develop proposals that should contribute to more legal certainty and to the conformity of these requirements with fundamental rights and general principles of law.

Researcher(s)

• Promoter: Verschueren Herwig

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

The "SENSE" Strategic Partnership project, in which universities of 4 EU Member States are involved (The Netherlands, Luxemburg, Poland and Belgium), aims to contribute to solving problems in the field of EU transnational road transportation, by providing adequate understanding of the legal setting, both at national level and at EU/comparative level. The partners will develop high quality education modules about this subject. In view of this, SENSE will make an inventory of existing law and regulations at national level. It will also examine the problems and solutions in the field of regulations in the transport sector within the participating countries. It will analyse the national rules and regulations applicable; the role of the social partners and/or other strategic partners; over a time period of (at least) five years all national case law and all relevant publications; all legislative efforts undertaken; and all national solutions to these problems that are in place or contemplated. In addition, it will analyse the role of EU fundamental freedoms; of private international law; of the Posting of Workers Directive 96/71/EC (including enforcement Directive 2014/67/EU); of the coordination of social security systems and of European social dialogue in the transport branch.

Researcher(s)

• Promoter: Verschueren Herwig

Research team(s)

• Government and Law

Project type(s)

• Research Project
• Education Project

Abstract

The fight against poverty and social exclusion is a policy objective that is high on the political agenda of the European institutions. This is reflected in policy initiatives such as the Europe 2020 Strategy and supported by provisions in the EU Treaties as well as in the EU Charter of Fundamental Rights. However, these policy objectives and general legal provisions do not have a direct impact on legal claims for financial or other support by persons faced with poverty or social exclusion. This reveals the ambiguity between the EU policy objective of fighting poverty and social exclusion on the one hand and the very modest or even marginal implementation of it in legally binding instruments of EU law on the other. The main objective of this research is to examine how this ambiguity can be lifted, and how EU legal instruments can be improved or developed in order to make more and better contributions towards the realisation of these policy objectives. More specifically, it will study the role the provisions in the EU Treaties, the general principles of EU law and fundamental rights could play in the fight against poverty. It will further provide a critical analysis of the impact of existing EU legal instruments on poverty and social exclusion and come up with proposals to make them more coordinated with the policy objectives. Finally, it will examine what kind of new EU legal instruments could be developed in the fight against poverty and social exclusion.

Researcher(s)

• Promoter: Verschueren Herwig
• Co-promoter: Cantillon Bea

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

The goal of this research is answering some questions for a first opinion on the application of European law to the premium for young children.

Researcher(s)

• Promoter: Verschueren Herwig

Research team(s)

Project type(s)

• Research Project

Abstract

This project represents a formal research agreement between UA and on the other hand the Flemish Public Service. UA provides the Flemish Public Service research results mentioned in the title of the project under the conditions as stipulated in this contract.

Researcher(s)

• Promoter: Verschueren Herwig

Research team(s)

Project type(s)

• Research Project

Abstract

The principle of solidarity is becoming increasingly significant in European law. On the one hand this stems from the existing European Treaties and the reinforcement of the principle of solidarity in the Treaty of Lisbon and in the EU Charter of fundamental rights. It also follows from the most recent developments in the case law of the European Court of Justice with regard to the implementation of parts of community law such as European citizenship, internal market and competition. The prime objective of this research is to analyse how European law defines the principle of solidarity. The results will then be compared to the definition of this concept in the European Open Method of Coordination as well as in Member States' social law and policy. This should lead to conclusions on the issue as to whether there is a coherent view on the principle of solidarity within this European context.

Researcher(s)

• Promoter: Verschueren Herwig
• Co-promoter: Cantillon Bea
• Co-promoter: Van den Bossche Anne-Marie

Research team(s)

Project type(s)

• Research Project