The EU acquis (Principle 15)
Description
a) The Charter of Fundamental Rights of the European Union
Article 25 of the Charter affirms recognition and respect for the rights of the elderly to lead a life of dignity and independence. Article 34 of the Charter affirms respect for the entitlement to social security benefits and social services providing protection, inter alia, in cases such as dependency or old age, in accordance with the rules laid down by Union law and national laws and practices and the entitlement to social security benefits and social services in old age. Article 23 guarantees equality between men and women in all areas.
b) The legislative powers and their limits
Article 151 of the Treaty on the Functioning of the European Union (TFEU) affirms that, inter alia, one of the objectives of the Union and the Member States is the promotion of proper social protection. According to Article 153(2) TFEU, the Union is empowered to adopt measures in the area of social security and social protection of workers. Article 153(4) provides that provisions adopted pursuant to Article 153 TFEU shall not affect the right of Member States to define the fundamental principles of their social security system and must not significantly affect the financial equilibrium thereof. Pursuant to Article 156 TFEU, the Commission is empowered to encourage cooperation between the Member States and facilitate the coordination of their action in all social policy fields, including in the field of social security.
Article 19 TFEU empowers the Union legislature to take appropriate action to combat discrimination inter alia based on sex. Article 157(3) TFEU empowers the Union legislature to adopt measures to ensure the application of the principle of equal opportunities and equal treatment of men and women in employment and occupation.
c) Existing measures
There are a number of Directives which implement the principle of equal treatment between men and women, inter alia, in relation to pensions, covering statutory schemes, occupational and personal pensions.(112)
Regulation (EC) No 883/2004 of the European Parliament and of the Council on the coordination of social security systems(113) provides for the aggregation of periods of insurance and the right of export of pension for pensioners who worked in another Union Member State.
The Union has also adopted directives concerning occupational pension schemes, notably in cross-border situations.(114)
Council Recommendation 92/442/EEC(115) on the convergence of social protection objectives and policies covers social insurance for workers in relation to sickness, maternity, unemployment and incapacity for work; minimum subsistence for the elderly; and social protection of the family.
Article 25 of the Charter affirms recognition and respect for the rights of the elderly to lead a life of dignity and independence. Article 34 of the Charter affirms respect for the entitlement to social security benefits and social services providing protection, inter alia, in cases such as dependency or old age, in accordance with the rules laid down by Union law and national laws and practices and the entitlement to social security benefits and social services in old age. Article 23 guarantees equality between men and women in all areas.
b) The legislative powers and their limits
Article 151 of the Treaty on the Functioning of the European Union (TFEU) affirms that, inter alia, one of the objectives of the Union and the Member States is the promotion of proper social protection. According to Article 153(2) TFEU, the Union is empowered to adopt measures in the area of social security and social protection of workers. Article 153(4) provides that provisions adopted pursuant to Article 153 TFEU shall not affect the right of Member States to define the fundamental principles of their social security system and must not significantly affect the financial equilibrium thereof. Pursuant to Article 156 TFEU, the Commission is empowered to encourage cooperation between the Member States and facilitate the coordination of their action in all social policy fields, including in the field of social security.
Article 19 TFEU empowers the Union legislature to take appropriate action to combat discrimination inter alia based on sex. Article 157(3) TFEU empowers the Union legislature to adopt measures to ensure the application of the principle of equal opportunities and equal treatment of men and women in employment and occupation.
c) Existing measures
There are a number of Directives which implement the principle of equal treatment between men and women, inter alia, in relation to pensions, covering statutory schemes, occupational and personal pensions.(112)
Regulation (EC) No 883/2004 of the European Parliament and of the Council on the coordination of social security systems(113) provides for the aggregation of periods of insurance and the right of export of pension for pensioners who worked in another Union Member State.
The Union has also adopted directives concerning occupational pension schemes, notably in cross-border situations.(114)
Council Recommendation 92/442/EEC(115) on the convergence of social protection objectives and policies covers social insurance for workers in relation to sickness, maternity, unemployment and incapacity for work; minimum subsistence for the elderly; and social protection of the family.
Importance
High
Additional information
(112) Directive 79/7/EEC on the implementation of the Principle for men and women in matters of social security, OJ L 6, 10.1.1979, p. 24; Directive 2006/54/EC on the implementation of the equal opportunities and equal treatment of men and women in employment and occupation OJ L 2004, 26.7.2006, p. 23; Directive 2004/113/EC on the implementation of the Principle of men and women in the access to and supply of goods and services, OJ L273, 21.12.2004, p.37.
(113) Regulation 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, OJ L 166, 30.04.2004, p.1.
(114) Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community, OJ L 209, 25.7.1998, p. 46; Directive 2014/50/EU on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights, OJ L 128, 30.4.2014, p.1; Directive (EU) 2016/2341 of the European Parliament and of the Council of 14 December 2016 on the activities and supervision of institutions for occupational retirement provision (IORPs) OJ L 354, 23.12.2016, p.37.
(115) Council Recommendation 92/442/EEC of 27 July 1992 on the convergence of social protection objectives and policies OJ L 245, 26.8.1992, p. 49.
(113) Regulation 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, OJ L 166, 30.04.2004, p.1.
(114) Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community, OJ L 209, 25.7.1998, p. 46; Directive 2014/50/EU on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights, OJ L 128, 30.4.2014, p.1; Directive (EU) 2016/2341 of the European Parliament and of the Council of 14 December 2016 on the activities and supervision of institutions for occupational retirement provision (IORPs) OJ L 354, 23.12.2016, p.37.
(115) Council Recommendation 92/442/EEC of 27 July 1992 on the convergence of social protection objectives and policies OJ L 245, 26.8.1992, p. 49.