Third-country nationals -Long-term resident status- concept of “resources”

In X (C-302/18), the European Court of Justice delivered a landmark judgement on the interpretation of the concept of “resources”, in the context of the third-country nationals’ right to long-term resident status. Case in the main proceedings A third-country national, has applied for long-term resident status. providing inter alia, evidences that his brother has stable,…

Notes on the margin of the Practical Guide on Posting

The European Commission has released a Practical Guide on Posting, “aims at assisting workers, employers and national authorities in understanding the rules on posting of workers, as they have been revised with the adoption of Directive 2014/67/EU and Directive 2018/957/EU”. A useful instrument contains “must to know” about the posting of workers under labour law…

BELGIUM -Legal Migration- Employment and Social Affairs-Infringements-State of Play

On 27 September, the Belgian Council of Ministers approved a draft royal decree on the entry and residence of third-country nationals as seasonal workers (Directive 2014/36/EU). The project supplements the Royal Decree of 8 October 1981, implementing the Aliens Act. The project was submitted to the Council of State. Directive 201436/EU was transposed into regional…

Posting of workers (labour law?) – fortunately we have a European Court of Justice

The European Commission has released its report to the European Parliament, the Council and the European Economic and Social Committee, on the application and implementation of Directive 2014/67/EU, on the enforcement of Directive 96/71/EC, concerning the posting of workers in the framework of the provision of services. Beyond a genuine improvement of the PWD’s enforcement,…

Social security-Cross-border workers- family allowances

Luxembourg welcomes around 177000 cross-border workers. The family benefits system exports almost 48% of its family benefits. Notwithstanding such facts, in EU v Caisse pour l’avenir des enfants (C-801/18), the ECJ decided to rule by reasoned order. Case in the main proceedings EU, a Portuguese national residing in France and working in Luxembourg, applied to…

ECJ hearing in the “Cyprus route” -who is the employer??

On 17 September, the ECJ’ grand chamber will hear the parties in AFMB and Others (C-610/18). AFMB is a” flexible and internationally operating organization based in Cyprus”. AFMB assists “internationally operating road hauliers in improving their competitive position”, by means of ” working with them to see how European regulations can be applied as favorably…

Posting of workers – fraud or confusion by operation of law?

Pursuant to Article L 1261-3 French Labour Code, as amended by the Law 2018-771 of 5 September 2018, a posted worker: Is employed by an employer lawfully established and carries out activities outside of the French territory Habitually carries out activities, on behalf of that employer, outside of the French territory On behalf of that…

Fines for failure to comply with posting of workers rules- the sky is the limit?

On 12 September, the European Court of Justice will deliver its judgement in Joined Cases C-64/18, C-146/18, C-140/18 and C-148/18. The questions referred to the ECJ are related to the “very high fines” imposed by the Austrian legislation, for failure to comply with obligations in connection with the posting of workers, notably it compatibility with…

High-frequency cross-border workers -the law is not an exact science

In his Opinion delivered on 29 July in Michael Dobersberger (C-16/18 ECLI:EU:C: 2019:638), Advocate General Szpunar, has suggested a logical interpretation of Directive 96/71/EC in regard to “high frequency” cross-border workers. Where “there is a great diversity among authors in the modes which they have adopted of defining logic” (A System of Logic John Stuart…