The principle of social solidarity

Postgraduate Thesis uoadl:3256504 28 Read counter

Unit:
Κατεύθυνση Δίκαιο Κοινωνικής Προστασίας
Library of the School of Law
Deposit date:
2023-01-24
Year:
2023
Author:
Koutrakos Periklis
Supervisors info:
α) Πατρίνα Παπαρρηγοπούλου – Πεχλιβανίδη, Καθηγήτρια Τομέα Δημοσίου Δικαίου Νομικής Σχολής ΕΚΠΑ
β) Παρασκευή Μουζουράκη, Αναπληρώτρια Καθηγήτρια Τομέα Δημοσίου Δικαίου Νομικής Σχολής ΕΚΠΑ
γ) Παναγιώτα Ξυλάκη, Μεταδιδάκτορας Τομέα Δημοσίου Δικαίου Νομικής Σχολής ΕΚΠΑ
Original Title:
Η αρχή της κοινωνικής αλληλεγγύης
Languages:
Greek
Translated title:
The principle of social solidarity
Summary:
The principle of social solidarity is known to be fundamental in the field of public law and therefore can be perceived by the legal reader in several aspects. Specifically, however, this thesis deals with the manifestation of this principle in the more specific field of social insurance law.

For reasons of economy, this work is structured in four (4) main chapters, which consist of individual sub-chapters. To begin with, in Chapter One, a smooth familiarization of the reader with the concept of social solidarity is essentially attempted and for this reason emphasis is briefly placed on the origins of this concept as a fundamental value and on the importance it embodies especially with regard to the purpose of dealing of social risks and the consequent achievement of social cohesion.

Then, and based on the initial findings reflected in Chapter One, Chapter Two presents the concept of social solidarity as a fundamental principle within the field of social insurance. In particular, the most specific purpose is presented, the fulfillment of which is sought through the application of this principle, while its main characteristics are also presented, as they are manifested within the field of social insurance, and indeed in a comparative manner in relation to similar institutions of social security and social welfare.

In Chapter Three, a further deepening of the fundamental principle of social solidarity is attempted, particularly through a tripartite dimension that this principle takes within social insurance. In particular, a distinction is made between the manifestation of this principle between insured persons who belong to the "same generation" ("intragenerational solidarity"), between insured persons who belong to "different generations" ("intergenerational solidarity"), as well as more broadly between of the members of the entire society ("national solidarity"), as more specific manifestations of the principle of social solidarity in social insurance.

The main body of this thesis is completed in Chapter Four, in which the intense interaction between the principle of social solidarity and the principle of reciprocity, which is also a fundamental and integral principle of social insurance law, is analyzed. More specifically, it shows on the one hand the way in which these principles, although apparently opposite, occupy an equal position in the field of social insurance, and on the other hand the way in which the application of a principle affects at the same time the application and of the other principle and vice versa.

Finally, some critical conclusions are briefly drawn from the analysis that has already preceded this text and with a distant future horizon.
Main subject category:
Law and Legislation
Other subject categories:
Public Law
Keywords:
social protection law, social insurance law, principle of social solidarity, principle of reciprocity, insurance solidarity, national solidarity, intragenerational solidarity, intergenerational solidarity, pension cuts, "Memorandum", principle of equality, principle of proportionality, public law, social risks, fair distribution of financial resources, institution of social insurance, institution of social security, institution of social welfare, "Bismarck" type social insurance system, "Beveridge" type social security system, redistributive social insurance economic system, capitalization economic social insurance system, consolidations of insurance organizations, sustainability of the insurance system, adequacy of benefits, adequacy of pensions, actuarial studies, social and economic impact studies, guaranty role of the State, state guarantee, solidarity between the insured, solidarity between members of society, income replacement, minimum standard of living of pensioners, minimum benefits, one-off aid, one-off benefit, main insurance, Supplementary Social Insurance Fund (TEKA), compulsory supplementary insurance, single organizational structure, demographic aging, private insurance, first pillar of insurance, Social Contract, Court jurisprudence
Index:
No
Number of index pages:
0
Contains images:
No
Number of references:
166
Number of pages:
85
File:
File access is restricted only to the intranet of UoA.

ΔΙΠΛΩΜΑΤΙΚΗ ΕΡΓΑΣΙΑ - ΠΜΣ ΔΙΚΑΙΟ ΚΟΙΝΩΝΙΚΗΣ ΠΡΟΣΤΑΣΙΑΣ 2021-2022 (ΠΕΡΙΚΛΗΣ ΚΟΥΤΡΑΚΟΣ).pdf
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