Intra-EU mobility- concept of residence

Assessing intra-EU mobility cases, the concept of residence, cannot be given an interpretation which permits its autonomous and uniform application. The fact that (e.g.) the right to reside under Directive 2004/38, the residence for social security purposes, and the tax residence are different concepts, is only the tip of the iceberg. The rather complex interoperability…

Intra-EU mobility-business trips

The concept of business trip in the context of intra-EU mobility, is one of the most controversial topics debated today. The debate is often grounded on wrong premises, essentially due to: The approach that is taken by mobility managers considering that very short periods of activity carried out in another Member State, must be given…

BELGIUM – Expected transposition of EU directives -complex institutional context

Today, the Council of Ministers approved a draft cooperation agreement on the coordination of policies for granting of work authorisation and residence permits, as well as on rules for employment and residence of third-country nationals. On 2 February 2018, the Federal State, the Regions and the German-speaking Community have concluded a first cooperation agreement. That…

Portable Documents A1 -state of play -France

Before the expected amendment of the social security coordination regulations, the controversial issuance of portable documents A1, merits a survey across ‘EU still 28’. EU Law and European Court of Justice case law The ECJ has ruled that when issuing a portable document A1, the competent institution merely states that the worker concerned remains subject…

LUXEMBOURG-Law on BREXIT

On 11 April, the Official Gazette published the Law of 8 April 2019, amending the Law of 29 August 2008 on freedom of movement and immigration. The following provisions shall enter into force on the Brexit date, provided that a withdrawal agreement will be concluded: Pursuant to the Agreement on the withdrawal of the United…

The Belgian Chamber of Representatives adopted a bill on Brexit

The draft law shall enter into force on the effective date of Brexit (hereinafter referred as Effective Date), in case of no deal. The bill contains several titles, the first amends the Aliens Act. Pending negotiations between the EU and the UK, the law can be repealed, amended, supplemented or replaced before 31 December 2020….

European Court of Justice- Portable Documents A1 issued under Article 13-Interoperability between social security coordination regulations and labour law

In Bouygues travaux publics and Others C-17/19, the ECJ is called upon to respond a question related to the interoperability between the labour law and the social security coordination regulations. By its question, the French Cour de cassation, essentially seeks to know whether an E101 certificate (PDA1) ” binds the courts of the Member State…

Citizenship- A paradox by operation of (source) of law

In M.G. Tjebbes and Other v Minister van Buitenlandse Zaken C-221/17, the European Court of Justice is called upon to respond whether the loss of Netherlands nationality by operation of law, is compatible with EU law, and in particular, with Articles 20 and 21 TFEU, read in the light of the judgment of 2 March…

ECJ ruling on family benefits

In Eugen Bogatu v Minister for Social Protection (C‑322/17), the European Court of Justice, analyses the eligibility for family benefits, in the sense of Articles 67 and 68 Regulation  883/2004 on the coordination of social security systems (i.e. entitlement to family benefits where members of the family are residing in another Member State, and priority…

Coordination of social security systems-marginal activities-another view

The European Parliament proposal for the amendment of Article 12 Regulation 883/2004, exempts employed persons sent on business trip, from the obligation to obtain a Portable Document A1. One of the proposed conditions to be met under Article 12 Regulation 883/2004, contains the rule and its exemption : “the competent institution in the Member State…