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Titti Mattsson and Mirjam Katzin

In this chapter, the usefulness of Martha Albertson Fineman’s vulnerability theory as a theoretical framework and analytical tool for elder law is discussed. The theory proclaims that the meaning of being a human is to be vulnerable, and not the autonomous, free and independent position which is often asserted in jurisprudence. The overall conclusion is that the theory is useful for analyses of the legal position of elderly persons as well as the structural implications for the elderly due to demographic, technical, social and economic changes in society. Vulnerability theory, ageing population, dependency, universal vulnerability, lifespan approach, theoretical framework

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Edited by Ann Numhauser-Henning

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Alysia Blackham, Miriam Kullmann, Hanna Pettersson and Ania Zbyszewska

EU Member State governments have introduced a range of measures to extend working lives and address population ageing. This chapter evaluates the rationales that drive government action as enacted through law and policy in the UK, the Netherlands, Poland and Sweden. The authors argue that despite significant diversity across EU Member States, the rationale for managing ageing has largely relied on neoliberal ideas and conceptions of work and individual responsibility. This has a significant practical impact on the types of reforms that are being implemented to extend working lives. Ageing, policy rationales, older workers, United Kingdom, the Netherlands, Poland, Sweden

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Andreas Inghammar, Cécile Brokelind and Per Norberg

This chapter monitors the different pillars of old-age pension schemes and discusses coherence and coordination, primarily between public schemes and occupational pension schemes, with the example of the reformed Swedish model. The chapter also takes into account both labour and tax-related consequences. While the public pension scheme in Sweden was already subject to significant reforms 20 years ago, many occupational schemes with contravening effects that are still in place are not yet altogether replaced by modern, sustainable schemes. Pensions, occupational pension schemes, Sweden, active ageing

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Titti Mattsson, Martina Axmin and Emma Holm

Europe is currently undergoing rapid demographic changes, greater mobility and economic difficulties. The chapter analyses how these societal changes challenge legal systems originally based on the principle of solidarity. In particular, the chapter discusses how the changing degree of solidarity for non-active groups affects the ageing population. The authors describe and analyse different perspectives of the solidarity principle in elder law by analysing its diverse content, function and problems in three areas – namely social security, cross-border healthcare and medical research. Solidarity, social security, demographic changes, clinical research, cross-border healthcare, older people

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Elsa Trolle Önnerfors

Inheritance law is a legal matter of constant discussion and interest, and especially so for elderly people. This chapter concentrates on current legal debates, and issues such as inheritance rights of surviving spouses and cohabitants, the legal status of forced heirship versus testamentary freedom, the use of wills, and, finally, the effects of the new EU regulation on international succession. Characteristics for Swedish inheritance rights are highlighted but comparisons with other legal systems are also made. Family law, inheritance law, forced heirship, wills, international succession law, death

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Cécile Brokelind and Martina Axmin

This chapter explores pensioners’ mobility from economic and more specifically tax law and social security perspectives. Pensioners tend to face a number of mobility barriers linked to different tax and social security rules across borders. Within the European Union, at least to a certain extent, these obstacles are taken care of by EU law. For tax purposes, though, EU Member States have not agreed upon a set of harmonized rules avoiding double taxation, and still need to rely on double tax conventions between states in order to understand and solve problems, and this increases legal uncertainty. Pensions, international double taxation, mobile pensioners, EU tax law, EU social security coordination, healthcare

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Hanna Pettersson and Mirjam Katzin

Elder care is becoming a private responsibility to an increasing extent, even in welfare-state-oriented countries such as Sweden. This chapter examines Swedish legal responses to this development from the 1970s onwards. While the legal responsibility to provide municipal support for long-term family caregivers has been strengthened, its main role appears to consist in smoothening the ongoing process towards partial reprivatization. As for short-term family care, case law demonstrates that the pronounced goal of elder care as a public responsibility restricts the right to benefits in cases where family members take on responsibilities as a result of strained public resources. Elder care, family care, support for family caregivers, family care allowance, privatization, care work