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…

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…

Is a Portable Document A1 required for short-term business travellers?

Introduction Due to an increasing number of inspections, the PDA1 for business travellers debate resurfaces. The debate is over whether or not, a Portable Document A1 (PDA1), must be obtained regardless: the nature of the activity carried out by a salaried worker posted to another Member State. the length of the period during which the…

LIMOSA declaration for self-employed service providers-risk sectors identified

The Official Gazette of 31 December 2018 released the Royal Decree of 21 December 2018, amending the Royal Decree of 20 March 2007 (implementing Chapter VIII of Title IV of the Programme Law (I) of 27 December 2006, concerning social security affairs, governs the prior declaration for posted employed and self-employed workers). The Royal Decree…

Belgium to overhaul the conditions of third-country nationals’ admission to the labour market

The Official Gazette of 21 December 2018 released the Flemish Government Decree of 7 December 2018 implementing the Foreign Workers (Employment) Act of 30 April 1999. Several EU Directives are partially transposed into the regional legislation: Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents Directive 2009/50/EC on the conditions of entry…

Atypical “posting arrangements”-another way to staff your projects

In C-18/17 (Danieli and Other), the ECJ clarifies the relevance of the European Law in determining the rules applicable to atypical “posting arrangements”. The case in the main proceedings An undertaking established in Italy (D1) has concluded a contract of provision of services with an Austrian undertaking, to carry out assembling work. To provide the…

FEM EMEA Global Mobility Summit

Will have the pleasure to meet you on 9 November 13.30, at the FEM Global in London. Immigration Law Associates organises a roundtable on Intra-EU mobility-legal interoperability The subject in discussion is mobility in a wide sense ((i.e. employees who move for the purpose of work in a country other than that of which they…

Social security coordination-merely residence might determine prior subjection

In Walltopia’ AD (C‑451/17), the European Court of Justice, brings an expected interpretation of Article 14(1) Regulation 987/2009, and emphasize the overriding value of the concept of residence under Regulation 883/2004, in relation to the one of prior subjection pursuant to national legislations. Summary of the case in the main proceedings A Bulgarian national, was…