European Day of Employment and social policy

Last week and particularly on 21 June, the Council’s agenda was dedicated to major employment and social policy matters. Coordination of social security systems The Council agreed its position on the amendment of Regulations 883/2004 and 987/2009 and will start negotiations with the European Parliament once the latter will be adopting its position. The following…

NEWS Employment and social policy

On Thursday and Friday this week, the Council will discuss several employment and social policy topics: Revision of Regulations 883/2004 and 987/2009 on coordination of the social security systems. Directive on transparent and predictable working conditions. Directive on work-life balance for parents and carers. Regulation on establishing a European Labour Authority. In the same context,…

Concept of “spouse” under the EU law – ruling in Coman and Others

In Coman and Others (C-673/16), the European Court of Justice brings a detailed analysis of the concept of “spouse” within the meaning of Directive 2004/38, in the context of same-sex marriage. The case in the main proceedings The situation at issue in the main proceedings concerns a Romanian citizen and his spouse US citizen. The…

Portable Document A1-the Administrative Commission is calling for greater scrutiny

The Administrative Commission recommendation concerning the issuance of Portable Documents A1 will enter into force on 18 June 2018. The Administrative Commission determines the structure and the content of the Portable Document A1 concerning the applicable legislation which applies to the holder. The recommendation (non-binding act), contains guidance in view of ensuring a greater scrutiny…

Work at customer site under the Intra-Corporate Transferee Directive

One of the frequently asked questions is whether a third-country national who has been admitted to the territory of a Member State in the framework of an intra-corporate transfer, may work on customer site. The question is often raised in the context of companies whose controlled branches or subsidiaries, do not have a genuine economic…

The revision on the EU Blue Card Directive- negotiations blocked

The negotiations between the European Parliament and Council have started in September 2017 but are blocked. Among the major blocking issues: the scope, the harmonisation of the EU Blue Card scheme on the EU level, the recognition of professional experience, the minimum wage threshold, the long-term mobility, the labour market test and the eligibility for…

Family members of “static EU citizens”-status quo

In a recent judgment [K.A. and Others v Belgium (C-82/16)], the European Court of Justice, confirms settled case-law and brings more clarity on (derived) residence rights of family members of “static EU citizens”. The case in the main proceedings The cases at issue concern EU citizens who have never exercised their rights to freedom of…

Portable document A1 -a particular interpretation

The French Centre of European and International Liaisons for Social Security (CLEISS) makes available on its website, information on the coordination of social security systems, in the light of Regulation 883/2004 and its implementing Regulation 983/2009. In regard to the exemptions provided for by Article 16 Regulation 883/2004, the following interpretation is addressed: “The exceptional…

Atypical “posting arrangements” covered by the Posting of Workers Directive and protected by the freedom to provide services

In his Opinion delivered on 26 April 2018 (C-18/17), Advocate General Wahl. 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 provide the…