Overview of Recent Cases Before the European Court of Human Rights and the European Court of Justice (January-March 2009)
European Journal of Social Security, Vol. 11, No. 3, pp. 291-308, September 2009
92 Pages Posted: 11 Jan 2011 Last revised: 5 May 2012
Date Written: September 1, 2009
Abstract
In the period covered there have been a number of interesting decisions of both the Court of Justice and the Court of Human Rights concerning social security issues. The Court of Human Rights addressed issues of gender and nationality discrimination in the Weller and Andrejeva cases, while the Court of Justice addressed further issues concerning cross-border health care and competition as it affects the organisation of social security. In Part 2, the current Commission proposal to extend protection against discrimination on the basis of religion or belief, disability, age, or sexual orientation to social protection is examined and an update on the status of Regulation 883 2004 provided.
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