La réforme de la garde à vue (Droit privé et sciences criminelles) (French Edition)

The first layer of this system consists of mandatory statutory schemes also called base schemes. These schemes are occupational-based, meaning that there are different schemes for different categories of workers, as follows: This scheme provides health, maternity, disability, retirement and death insurance. There are three categories of self-employed: They are all covered by the same health insurance plan but have different retirement plans. All of these schemes provide somewhat similar benefits, however the amount of contributions vary greatly from one scheme to another civil servants have the lowest rate of contributions while the self-employed have the highest rate since they do not have an employer.

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This led to the enactment of a July 27, act which established universal healthcare coverage Couverture maladie universelle or CMU. Now, anyone who has been legally living in France for at least three months and who is not covered by one of the mandatory schemes is automatically affiliated with the general scheme for salaried employees. If one were to compare the French and the U. Like Medicare and Medicaid, the CMU is financed by the State and provides health protection to vulnerable members of the population.

However, that is the only comparison that can be drawn. The CMU is free. And it is merely an alternative arrangement that is designed to ensure that no one either a French citizen or a foreigner who legally resides in France goes without health care. But there is more to the French system. This insurance serves to supplement the benefits in kind the reimbursement of health expenses or benefits in cash daily benefits paid to employees who are on sick leave that are paid under the base schemes in the event of illness or accident.

In France, collective bargaining agreements are entered into at the company level, but more importantly they are entered into at the industry level, for example the banking or metalworking industry. Many of these industry-wide collective bargaining agreements require employers to set up insurance plans for their employees and sometimes even for former company employees who have already retired.

These insurance plans are funded jointly by the employee and the employer. Where the establishment of such an insurance plan is mandatory, the employees are obligated to take out the insurance and to have the contributions automatically withheld from their salary.

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It is interesting to note that the AAHC would lay down an even stricter obligation in that individuals would be responsible for obtaining and maintaining health insurance coverage; those who choose to not obtain coverage would pay a penalty of 2. I ndividuals will be required to carry basic health insurance just as most states require them to carry auto insurance.

In France, self-employed individuals are given the option of taking out private insurance. If they choose to do so, they must bear the cost alone.

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They are thus under no obligation to take out private insurance, and many self-employed individuals make do with the coverage offered under the base scheme. In France, this consists of a tax credit of EUR , or for low-income households that is applied to the amount of their insurance premiums. The drawback is that this aid does not cover the full amount of the premium, which amounts to roughly EUR per year on average. Generally speaking, the insurance premiums paid by employers to contribute to the financing of private insurance can be deducted from their taxable profits and the employees do not have to pay income tax on these premiums up to certain limits.

The credits would be more generous for those who are just above the new Medicaid eligibility levels. The affordability credits like the French ACS are designed to make insurance premiums affordable.

If these affordability credits are to be successful, their amount must be sufficient, and in order for this to work, the insurance companies must not charge excessively high premiums. On the other hand, these types of tax breaks weigh heavily on the federal deficit, which Republicans and even Blue Dog Democrats have been quick to point out. Beginning in , the French government instituted caps on its infamous tax loopholes niches fiscales , of which there are hundreds, a move that could very well be regarded as a mini revolution.

This would, however, be a means of providing the country with the billions of Euros that are needed to finance its public deficits. Similarly, President Obama has proposed to scale back the amount of insurance premiums that the highest-income Americans can deduct on their taxes, taking it back to the rate that existed under the Reagan years. This money would help finance the health care reform.

The proposed reform of the U. Middle-sized and large businesses would be required to provide health insurance coverage: Over time, the Health Insurance Exchange would be opened to additional employers as another choice for covering their employees. The Health Insurance Exchange, which is expected to lead to heated competition among the insurance companies, and thus lower rates, is based on a system of differing offers private insurance or the public option and not on cumulative, layered schemes public and private. Why is this case? However, what is in place is primarily an employer-based system that uses private insurers alongside Medicare and Medicaid plans.

At any rate, the private and public systems in both the U. This interrelationship will be fascinating to study as private insurers and public insurers generally adhere to completely different philosophies. French law has shown that public insurers can indeed co-exist alongside private insurers , even though by nature they are diametrically different. It seems, however, that there is a divide in the U. In other words, they are subject to insurance contract law and competition law on a common, competitive market with a European dimension.

European Union law has had a strong influence on the development of the rules in this area in order to foster the establishment of a single insurance market, and in particular a single market for supplementary pensions because, as is the case for health care, there are also optional supplementary pension schemes. The mandatory base schemes, however, are governed by social security law, and not by insurance contract law.

In practice, if a French artisan or shop owner decides to stop making the mandatory social security contributions to his social security office and take out insurance with a private U. This is a key point.

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The European Community is not a federation of socialist States. For over 50 years it has existed as a community of States operating under a system of economic liberalism. Its pillars are the freedom of competition, the freedom to provide services, the freedom to move goods and capital, the right of establishment and the free movement of workers within a single Market of goods and services. ECJ case law has extensively interpreted these principles and is often unsympathetic to considerations of social order.

Yet, i t was the ECJ which took steps to protect social security schemes whose mandatory nature was threatened by free competition. This is proof positive that a mandatory social security system is not incompatible with extreme liberal economic thinking. Theories, Practices and Lessons for Vietnam. Architecture, space management - Art and art history - History - Religions. International Conference on Family Businesses in the Arab countries. The 8th edition of workshop "Modelisation, Analysis and Control Systems".

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