Chapter 1: Historical background and political context = 1
1.1 The European Union at the moment of enlargement = 1
1.2 The role of the ILO in the enlargement process = 3
1.3 Europe: Some socioeconomic facts and factors = 5
Chapter 2: The overall legal framework = 9
2.1 European Community law . Its nature and general features = 9
2.2 The Founding Treaties as primary sources of Community law = 10
2.3 The making of secondary Community law = 11
2.4 Law enforcement through the Commission and the European Court of Justice = 14
2.5 Fundamental European rights and minimum standards in the social field . 17
2.6 Regulations, directives and recommendations: Their legal character and how they work = 18
2.7 Legal instruments in the field of social security and related case law of the European Court of Justice = 21
2.8 The Charter of Fundamental Rights of the European Union = 28
Chapter 3: Concepts of sex equality in various social security systems = 29
3.1 Pay equality . A fundamental European right = 29
3.2 Equal pay and occupational pensions: Bilka, Barber and post-Barber = 31
3.3 Equal conditions for survivors’ pensions in occupational schemes = 39
3.4 The principle of equal treatment in statutory pension schemes (Directive 79/7/EEC) = 43
3.5 Statutory pensions and equal treatment at the workplace = 57
3.6 “Pay” or “statutory pension” in the public service? = 62
3.7 Effective protection against sex discrimination . The payment of interest = 67
Conclusions = 71
Annex A: Checklist for legal practitioners = 73
Substantive issues = 73
Special focus: Governments = 78
Special focus: Management and labour = 80
Special focus: The judiciary = 80
Annex B: The relevant legal instruments = 83
1.1 The European Union at the moment of enlargement = 1
1.2 The role of the ILO in the enlargement process = 3
1.3 Europe: Some socioeconomic facts and factors = 5
Chapter 2: The overall legal framework = 9
2.1 European Community law . Its nature and general features = 9
2.2 The Founding Treaties as primary sources of Community law = 10
2.3 The making of secondary Community law = 11
2.4 Law enforcement through the Commission and the European Court of Justice = 14
2.5 Fundamental European rights and minimum standards in the social field . 17
2.6 Regulations, directives and recommendations: Their legal character and how they work = 18
2.7 Legal instruments in the field of social security and related case law of the European Court of Justice = 21
2.8 The Charter of Fundamental Rights of the European Union = 28
Chapter 3: Concepts of sex equality in various social security systems = 29
3.1 Pay equality . A fundamental European right = 29
3.2 Equal pay and occupational pensions: Bilka, Barber and post-Barber = 31
3.3 Equal conditions for survivors’ pensions in occupational schemes = 39
3.4 The principle of equal treatment in statutory pension schemes (Directive 79/7/EEC) = 43
3.5 Statutory pensions and equal treatment at the workplace = 57
3.6 “Pay” or “statutory pension” in the public service? = 62
3.7 Effective protection against sex discrimination . The payment of interest = 67
Conclusions = 71
Annex A: Checklist for legal practitioners = 73
Substantive issues = 73
Special focus: Governments = 78
Special focus: Management and labour = 80
Special focus: The judiciary = 80
Annex B: The relevant legal instruments = 83