Study:	Social Policy - 2. semester
Code:	69785
ECTS:	7.0
Course coordinators:	prof. dr. sc. Željko Potočnjak
Lecturers:	dr. sc. Iva Bjelinski Radić - Lectures izv. prof. dr. sc. Viktor Gotovac - Lectures prof. dr. sc. Ivana Grgurev - Lectures izv. prof. dr. sc. Ivana Vukorepa - Lectures
Exam dates:	03. 04. 2023. 05. 06. 2023. 26. 06. 2023. 10. 07. 2023. 29. 08. 2023. 12. 09. 2023. Exam registration: Studomat

Literature:

Potočnjak, Željko; Trgovac, Sanja; Prava iz socijalnog osiguranja i socijalne skrbi u postupcima apstraktne kontrole ustavnosti zakona, u: Liber amicorum in honorem Jadranko Crnić (ur.Kačer, Momčinović, Žuvela); Novi informator (2009), str. 165-227 Potočnjak, Željko; Grgić, Andrea; Osnovni pojmovi i koncepcije o zabrani diskriminacije u radnom pravu, u: Perspektive antidiskriminacijskog prava (ur. Potočnjak, Grgurev, Grgić); Pravni fakultet Sveučilišta u Zagrebu (2014), str. 1-48 Ivana Vukorepa; Mirovinski sustavi; Pravni fakultet Sveučilišta u Zagrebu (2012), str. 94-164; 165-227 Bejaković, Predrag; Gotovac, Viktor; Aktivnosti na gospodarskom oporavku u Republici Hrvatskoj s naglaskom na tržište rada; Revija za socijalnu politiku, 18(2011), 3, Pravni fakultet Sveučilišta u Zagrebu (2011), str. 331-355 Nacionalna strategija razvoja zdravstva 2012. - 2020.; Narodne novine 116/2012, str Nestić, Danijel, ur.; Izazovi i mogućnosti za ostvarenje primjerenih starosnih mirovina u Hrvatskoj; raspoloživo na web stranici: http://www.eizg.hr/hr-HR/Izazovi-i-mogucnosti-ostvarivanja-primjerenih-starosnih-mirovina-u-Hrvatskoj-702.aspx.; Zaklada Adris i Ekonomski institut (2011), str Mihaljek, Dubravko.; Kako financirati zdravstvo u doba financijske krize?, u: O zdravstvu iz ekonomske perspektive (ur: Maja Vehovec); Ekonomski institut, Zagreb (2014), str. 29-50 Broz, Tanja; Švaljek, Sandra; Financiranje zdravstva u Hrvatskoj: od reforme do reforme, u: O zdravstvu iz ekonomske perspektive (ur: Maja Vehovec); Ekonomski institut, Zagreb (2014), str. 51-75 Potočnjak, Željko; Vukorepa, Ivana; Drugi mirovinski stup: prijepori i moguća poboljšanja, Zbornik 56. susreta pravnika / Miladin, Petar; Giunio, Miljenko (ur.),; Hrvatski savez udruga pravnika u gospodarstvu (2018), str. 231-271

Description:

Introduction to social law (concepts, philosophy and policies of social law). The relationship between social law and other branches of law. The historical development of social security law and social, economic and technological context of the development. Systematization of public social security systems. International and domestic sources of social law. Development and forms of public and private pension systems in the world. Organization and reform of the pension system in the Republic of Croatia. Pension insurance based on pay-as-you-go financing vehicle opposed to funded pension schemes. Insured persons, rights and conditions for acquiring the rights from the PAYGO defined benefit pension scheme (1st pillar) and mandatory and voluntary funded defined contribution schemes (2nd and 3rd pillar). Basic models of risk management in funded pension schemes. The impact of demographic, economic and social factors in the development and sustainability of the pension system. The organization of health insurance in the world and in Croatia. Insured persons, rights and conditions for acquiring the right of compulsory and voluntary health insurance. The demographic, economic and other factors important for the development of health insurance systems. The organization of the unemployment insurance system and rights during unemployment. The social welfare, rights and users. Different types of family benefits. EU regulation on the coordination of social security systems - in general, the personal and material scope, territorial validity, general and specific principles. EU regulation on the coordination of social security systems - special rules on the coordination of certain benefits. Problems partial privatization of Social Security. Research in the field of social law, the design of policies to address selected issues and the shaping of legal solutions for these issues.

Cognitive Skills:

After successfully completing the course, students will be able to:

 

Knowledge and understanding

Define social law and concept and systems of social security within social law regarding the existing national regulation, modern tendencies of regulation in comparative legal systems and obligations and relations that result from the EU membership.

Explain systematisation, divisions and historical development of social law and the concept and system of social securit within social lawy; the relation between national social law and international and European standards i.e. domestic, international and European sources of social law; economic and social significance of social law in different models through which the concept of social security is realised and in different social security systems. Also explain the significance of social law in the context of fundamental and constitutional rights and economic and practice created through the decisions of the Constitutional Court of the Republic of Croatia, European Court of Human Rights and European Court. This relates to general social security systems for cases of old age, disability, death of the family provider, accident at work and professional disease, illnesses (health care and allowances for illness), unemployment, maternity, need for long-term care and assistance and special family needs, and to social welfare system, particularly within health insurance system, pension insurance, unemployment insurance, social welfare, maternity and parental allowances and child allowances.

Indicate economic, social, legal, political and other aspects and elements of the development of social law, particularly the significance of fundamental and constitutional rights for social law. International and national normative sources and acquis communautaire important for the regulation of social relations in the Republic of Croatia and adequate court and constitutional court practice and practice of the European Court of Human Rights and the European Court are emphasised. Indicate the proposals and approaches to modernisation of social security system within social law.

Recognise modern issues connected to social security law and social security systems within social law, primarily problems of privatisation and reorganisation of social security system, harmonisation and coordination of social security system and main problems of the Croatian social security system. Recognise proposals, approaches and possibilities developed and existing in comparative legal systems and within international organisations with the aim of modernisation of social security system within social law.

Critically evaluate proposals, approaches and possibilities developed and existing in comparative legal systems and within international organisations with the aim of modernisation of social security system and proposals for normative regulation of issues from the area of social security law within social law.

Discuss different possibilities for modernisation of social security system within social law and proposals for normative regulation of issues from the area of social law.

Report about problems connected with social security systems within social law, particularly about further development and modernisation of social security system within social law, and possible adequate solutions for them.

 

 

Application

Select characteristics of a certain model of social security system and solutions for certain issues from the area of social law on the basis of adequately applicable domestic, European or international law.

Interpret applicable domestic, European or international law and the characteristics of social security systems based on them, particularly considering proposals, approaches and possibilities developed and existing in comparative legal systems and within international organisations with the aim of modernisation of social security systems within social law.

Conduct procedures of determining legally relevant facts and deciding about issues from the area of social law.

Apply knowledge in finding solutions for certain issues from the area of social law based on adequately applicable domestic, European or international law and proposals, approaches and possibilities devloped and existing in comparative legal systems and within international organisations.

Use different databases about national, comparative and international legal sources, court and constitutional court practice and relevant legal literature in deciding about matters from the area of social law.

Outline drafts of decisions, normative acts that regulate certain matters from the area of social law or which influence the regulation of social security system within social law with the aim of their modernisation.

Illustrate different models of social security systems in different legal systems and possibilities to solve certain issues in these models and different outcomes of these possibilities. Also present proposals, approaches and possibilities devloped and existing in comparative legal systems and within international organisations with the aim of modernisation of social security systems within social law.

 

Analysis

Distinguish between characteristics of different models of social security systems within social law, problems connected with them, possibilities for their solution and sources of law relevant for their solution. Also distinguish between characteristics of proposals, approaches and possibilities devloped and existing in comparative legal systems and within international organisations with the aim of modernisation of social security systems within social law.

Analyse problems that exist in or connected to social security systems within social law, their facts or legal aspects and the effects of possible solutions fr the rights and interests of the interested parties . Analyse characteristics of proposals, approaches and possibilities devloped and existing in comparative legal systems and within international organisations with the aim of modernisation of social security systems within social law and their applicability in social security systems in the Republic of Croatia.

Compare different solutions to problems of or connected with social security systems in different models of social security systems. Also compare legal and other outcomes of proposals, approaches and possibilities devloped and existing in comparative legal systems and within international organisations with the aim of modernisation of social security systems within social law.

Indicate proposals, approaches and possibilities optimal for solving problems in or connected with social security systems within social law.

 

Synthesis

Prepare drafts of policies and adequate legal acts and their explanations for solving certain problems and the development of social security systems within social law with the aim of their modernisation.

Plan changes in legal regulation of social security systems and the development of policies and making appropriate legal acts and their explanations that have certain legal consequences for solving certain problems and the development of social security systems within social law with the aim of their modernisation.

Propose development of policies and passing adequate legal acts and their explanations for solving certain problems and the development of social security systems within social law and their modernisation.

Formulate proposals for making or changing policies, laws, by-laws, individual decision and similar legal acts for solving certain problems related to social security systems within social law.

Manage or participate in lower level of management and implementation in a team composed of experts from similar areas who will analyse, form and implement policies and make adequate legal acts and their explanations for solution of certain problems and manage or participate in management on a lower management and implementation level in social security systems and state administration, and local and regonal self-government in connection with social security systems.

Evaluation

Assess which out of possible characteristics and solutions, as well as propoisals, approaches and possibilities developed and existing in comparative legal systems and within international organisations is the most adequate one for solving a certain problem related to social security systems within social law, i.e. for modernisation of social security systems within social law and assess their influence on economic and social development of the country or on social implications of a selected solution for the individual.

Recommend how to regulate certain characteristics of social security systems within social law for the purpose of its development, modernisation and optimisation of their effects.

Examine legal and social quality of the normative regulation of social security systems within social law for the purpose of its development, modernisation and optimisation of its effects.

Evaluate proposals for individual changes of thenormative regulation of social security systems within social law.

Compare legal, social, economic and other consequences of selected solutions of certain problems and changes of the normative regulation of social security systems within social law.

Select an optimal solution for a certain problem related to social security systems within social law for the purpose of its development, modernisation and optimisation of its effects..

Practical and Generic Skills:

After successfully completing the course, students will understand and be able to explain the concept of social security and its systems within social law. They will be able to explain main characteristics of different models of social security systems, and this particularly applies to economic, social, political, cultural and other determination of individual systematic features and legal solutions. They will be trained to propose policies and legal acts that regulate social security systems. They will be able to determine relevant facts, select a relevant legal framework (national European and international), analyse court, constitutional court and administrative practice and propose an adequate optimal solution to a problem. They will be able to assess, select and support proposals, approaches and possibilities that exist in comparative legal systems and within international organisation with the aim of modernisation of social security system within social law. In cooperatiuon with other experts they will be able to participate in procedures of assessment of effects of the need for legal regulation in the area of social law and preparation of drafts of normative and legal acts for the regulation of these issues, and for proposing policies in these areas. For that purpose they will be trained to prepare necessary analyses and to present their results. They will be trained to manage and participate in management on lower management and implementation levels in social security systems, state administration and local and regional self-government in connection with social security systems.

Matching Assessments to Learning Outcomes:

Knowledge is assessed through an oral examination.

Oral examination consists of testing the understanding of social security concepts within social law, reproducing theoretical explanations and standpoints of the court, constitutional court and administrative practice of national courts, the European Court of Human Rights and the European Court on individual institutes of social law and legal instittues characteristic for it, demonstrating the knowledge about public social security systems, especiall health care system, pension insurance, unemployment insurance, social welfare, maternity and parental allowances and child allowances, demonstrating the ability to apply relevant sources of law to resolving individual issues and problems, and the evaluation of individual legal solutions considering their effect on the realisation of fundamental and constitutional human rights and economic and social development.

Consultations schedule:

• prof. dr. sc. Željko Potočnjak:

  Fridays at 10.00 with Google Meet: https://meet.google.com/wnw-ooso-cjk?authuser=0

  Location: Tkalčićeva 48-50, room 45
• dr. sc. Iva Bjelinski Radić:

  Mondays at 14.00 - online via Google Meet link http://meet.google.com/jmi-sgiw-aeb

  Location: Trg Republike Hrvatske 3, room 40 (4. kat - potkrovlje)
• izv. prof. dr. sc. Viktor Gotovac:

  Wednesdays at 17.00

  Location: Gundulićeva 10, room 11
• izv. prof. dr. sc. Ivana Vukorepa:

  Thursdays at 11.00. 

  Location: Gundulićeva 10, room 13