Compulsory Membership of Pension Schemes and the Free Movement of Services in the EU

23 Pages Posted: 28 Jun 2017

See all articles by Hans van Meerten

Hans van Meerten

Utrecht University - Utrecht Centre for Shared Regulation and Enforcement in Europe – RENFORCE

Elmar Schmidt

Utrecht University, School of Law

Date Written: June 25, 2017

Abstract

Mandatory pension participation in the Netherlands is currently under review. This article examines the manner in which the system of mandatory participation in sectoral pension funds is presently organised as well as future proposals from the perspective of the freedom to provide services. It also briefly reviews mandatory participation in Belgium, Denmark, Germany, France and Sweden and asks whether it constitutes a barrier to the freedom enshrined in Article 56 TFEU. Restrictions of this freedom in the field of mandatory participation are too easily excused in the Netherlands by pointing to decisions by the European Court of Justice (ECJ) in which it judged the system to be permissible. These decisions, however, were made from the perspective of competition law, and not on the basis of Article 56 TFEU. Grounds for justifying restrictions to this freedom exist, although different justifications are available for direct and indirect discrimination. The article questions how mandatory participation in the Member States considered in this article fare from this perspective?

Keywords: compulsory membership, pension schemes, free movement of services in the EU

Suggested Citation

Meerten, Hans Van and Schmidt, Elmar, Compulsory Membership of Pension Schemes and the Free Movement of Services in the EU (June 25, 2017). Available at SSRN: https://ssrn.com/abstract=2992298 or http://dx.doi.org/10.2139/ssrn.2992298

Hans Van Meerten (Contact Author)

Utrecht University - Utrecht Centre for Shared Regulation and Enforcement in Europe – RENFORCE ( email )

Achter Sint Pieter 200
Utrecht, 3512 HT
Netherlands

Elmar Schmidt

Utrecht University, School of Law ( email )

Utrecht
Netherlands

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