The CJEU’s case law on the role of posting certificates: A missed opportunity to combat social dumping

The posting of workers between Member States of the EU has increased dramatically over the past decade. It has led to political and legal discussions on the employment and social rights of these workers during their temporary employment in the host Member State. As far as social security is concerned, these workers remain subject to the social security system of the sending Member State, provided that a number of conditions are fulfilled. Still, the application of these conditions and control of their observance did not turn out to be efficient and was even rendered problematic by the case law of the CJEU on the meaning of the so-called posting certificates. This article takes a closer look at the role of these certificates. It the analyses and discusses the case law on this and formulates some critical comments on it.

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The asymmetric evolution of the social case-law of the Court of Justice: new challenges in the context of the European pillar of social rights

Unio - EU Law Journal ◽

10.21814/unio.3.2.2 ◽

2019 ◽

Vol 3 (2) ◽

pp. 4-19

Author(s):

Luis Jimena Quesada

Keyword(s):

Case Law ◽

Fundamental Rights ◽

Social Rights ◽

Council Of Europe ◽

The Past ◽

Legal Provisions ◽

The Social ◽

Charter Of Fundamental Rights ◽

New Framework ◽

The Eu

The author highlights the paradoxical evolution of CJEU’s case-law in the field of social rights and how in the past, it has played a praetorian role in a context of implied powers and modest EU primary legal provisions whereas now, it is showing clear self-restraint under explicit competences and an evolved EU primary law [including the Charter of Fundamental Rights (CFREU)]. From this perspective, the author proposes the opening of the CJEU to the new framework of the European Pillar of Social Rights, as part of the broader Turin process for the European Social Charter, through positive judicial willingness (by taking into account the synergies between the EU and the Council of Europe – including the case-law from the European Committee of Social Rights).

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Dano and Alimanovic: the recent evolution of CJEU caselaw on EU citizenship and cross-border access to social benefits

Unio - EU Law Journal ◽

10.21814/unio.3.1.9 ◽

2017 ◽

Vol 3 (1) ◽

pp. 65-80

Author(s):

Rui Lanceiro

Keyword(s):

Member State ◽

Case Law ◽

Social Benefits ◽

Social Rights ◽

Member States ◽

New Approach ◽

Cross Border ◽

The Social ◽

The Status ◽

The Right

Since its inception, the concept of EU citizenship, as well as the rights and duties deriving therefrom, has evolved considerably, particularly in the area of social rights. ECJ case law has played a central role in defining the right of EU citizens to access social benefits in the host Member States, which meant a decrease in their degree of discretion to restrict the access to national social securities systems. However, the recent Dano and Alimanovic judgments represent a significant change from previous case-law, setting limits on the right of EU citizens to social benefits in the host Member States. The right of residence in another Member State appears to be dependent on the status of a worker citizen in accordance with the new methodology in order to avoid being an excessive burden on the social system of the host Member State. However, the new approach still leaves several unanswered questions. Were these decisions an attempt to address the “social security tourism” debate? Is the CJEU falling behind with regard to the protection of social rights? What will remain of previous jurisprudence?

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The (Possible) Role of the Right to Social Security in the EU Economic Monitoring Process

German Law Journal ◽

10.1017/s2071832200019787 ◽

2016 ◽

Vol 17 (3) ◽

pp. 277-314

Author(s):

E. De Becker

Keyword(s):

Social Security ◽

Financial Aid ◽

Fundamental Rights ◽

Social Rights ◽

Social Security Systems ◽

Security Systems ◽

Monitoring Process ◽

The Right ◽

The Eu

The outbreak of the financial and economic crisis in 2008 had a severe impact on the member states of the European Union. Countries like Greece had to ask the Troika (the European Commission, the European Central Bank and the International Monetary Fund) for financial aid. In return, they were obliged to reduce public spending and, as a result, national social security systems were drastically reformed. Furthermore, the EU has exercised its competences to supervise national budgets more extensively, even for countries not applying for financial aid through the Country Specific Recommendations under the European Semester. Like the decisions providing financial support, these recommendations also touch upon member states' social security systems. Moreover, the actions of the EU seem to generate a tension between the social rights provisions in (inter)national human rights instruments and the EU economic monitoring process, hence creating a possible deficit at the level of the EU. The five collective complaints against Greece under the framework of the European Social Charter (Council of Europe) illustrate this tension. This Article investigates this tension further and provides insights in possible ways to close the gap between (inter)national social rights provisions and the EU economic monitoring process by looking at the right to social security in the EU legal order. In doing so, this Article scrutinizes the judicial safeguards available at EU level, namely the right to social security in the Charter of Fundamental Rights (CFEU) and the role of general principles of Union's law for the protection of fundamental rights. It will become clear that a lot of uncertainty still remains regarding the content and scope of the right to social security in the CFEU, as well as the enforceability of this provision in the EU economic monitoring process.

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Overview of recent cases before the court of justice of the European Union (April−September 2017)

European Journal of Social Security ◽

10.1177/1388262717745741 ◽

2017 ◽

Vol 19 (4) ◽

pp. 353-362

Author(s):

Anne Pieter van der Mei

Keyword(s):

European Union ◽

Financial Crisis ◽

Social Security ◽

Case Law ◽

Social Rights ◽

The European Union ◽

Binding Effect ◽

Court Of Justice ◽

The Social ◽

Third Country Nationals

This contribution presents an overview of the case law of the Court of Justice of the European Union in the period April–September 2017 on social security matters. The relevant rulings concern first and foremost the rules determining the applicable legislation as enshrined in Regulation 883/2004 and Regulation 1408/71. In addition, the Court of Justice has delivered important rulings concerning posted worker and the binding effect of A1 certificates, the social security rights of third country nationals holding a single-permit and the protection of social rights in the context of financial crisis and austerity measures.

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Principled Silence or Mere Silence on Principles? The Role of the EU Charter’s Principles in the Case Law of the Court of Justice

European Constitutional Law Review ◽

10.1017/s1574019615000164 ◽

2015 ◽

Vol 11 (2) ◽

pp. 321-356 ◽

Cited By ~ 1

Author(s):

Jasper Krommendijk

Keyword(s):

Direct Effect ◽

Judicial Review ◽

Case Law ◽

Fundamental Rights ◽

Historical Background ◽

Social Rights ◽

Court Of Justice ◽

Charter Of Fundamental Rights ◽

The Eu

Historical background of the inclusion of social rights in the Charter of Fundamental Rights – Distinction between rights and principles – Similarities between the conditions for direct effect and the criteria for distinguishing between Charter rights and principles – Implications of this distinction for the possibilities of judicial review – Reluctance of the ECJ to explicitly deal with the distinction until Glatzel, as illustrated by its earlier judgments in Dominguez and AMS.

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Contours of a European Social Union in the Case-Law of the European Court of Justice

European Constitutional Law Review ◽

10.1017/s1574019606001015 ◽

2006 ◽

Vol 2 (1) ◽

pp. 101-115 ◽

Cited By ~ 9

Author(s):

Koen Lenaerts ◽

Tinne Heremans

Keyword(s):

Case Law ◽

Fundamental Principle ◽

European Court Of Justice ◽

Social Rights ◽

Court Of Justice ◽

European Court ◽

The Social ◽

Welfare Systems ◽

National Welfare

Tensions between national welfare systems and the social rights of the citizens of the Union — Fundamental principle of free movement and the degree of financial solidarity with nationals from other Member States — Introduction of internal market principles in health care — The balancing role of the Court of Justice of the European Communities.

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The judicial finetuning of the EU rules determining the applicable social security legislation

Maastricht Journal of European and Comparative Law ◽

10.1177/1023263x211058394 ◽

2021 ◽

pp. 1023263X2110583

Author(s):

A.P. van der Mei ◽

E. van Ooij

Keyword(s):

Social Security ◽

Member State ◽

Labour Market ◽

Main Idea ◽

Case Law ◽

Free Movement ◽

Full Time ◽

Cross Border ◽

Time Basis ◽

The Eu

The conflict rules enshrined in Regulation 883/2004 on the coordination of social security were created six decades ago to offer those who exercise free movement rights ‘constant social security protection’. The main idea was to ensure that beneficiaries are always subject to the legislation of a single Member State and to indicate which Member State that was. Because beneficiaries were above all ‘standard’ employees working on a full-time basis for an indefinite period of time, it was initially quite easy to determine the ‘competent’ Member State. The processes of flexibilization, digitalization, enlargement and globalization, however, have posed new and often formidable challenges. In today’s dynamic labour market it is often particularly difficult to identify the applicable legislation, issues arise as regards swift and frequent switches in the applicable legislation, increased worker and company mobility may affect social security rights and problems have arisen because of the possible fraudulent use of the rules determining the applicable legislation. This contribution analyses some of the recent CJEU case law on topics like working in to or more Member States, posting, abuse and fraud, employment and/or residence outside the EU and gaps in in social security protection by EU workers. The overarching question is how, in the view of the CJEU, the classic conflict rules are to be applied so as to ensure cross-border movers continue to enjoy constant social security protection.

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The Self-employed and the EU Court of Justice: towards new social protection of vulnerable EU citizens?

European Labour Law Journal ◽

10.1177/2031952520953867 ◽

2020 ◽

pp. 203195252095386

Author(s):

Alessandro Nato

Keyword(s):

Member State ◽

Social Exclusion ◽

Social Protection ◽

Case Law ◽

The Self ◽

State Budget ◽

Court Of Justice ◽

The Social ◽

Free Movement Of Workers

European citizens have been exposed to social exclusion risks due to the economic crisis and the retrenchment in the welfare state budget. Among those exposed, we find workers and self-employed workers. The Member States of Central and Northern Europe have tried to restrict the free movement of workers and the self-employed and limit access to social benefits for European citizens from Eastern Europe. On the other hand, the European institutions have tried to save the notion of the European citizen as the promoter of the integration process. Recently, the Court of Justice seems to have reprised the role of bulwark against the social exclusion of migrant European citizens in the host Member State. Adding to Florea Gusa and Tarola, the Dakneviciute case law confirms the new interpretative trend of the Court of Justice towards greater protection of the migrant self-employed worker who needs to access the welfare of the host Member State in a period of vulnerability. The recommendation is that this course continues, allowing us to overcome the restrictive jurisprudence developed in the Dano trend.

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Social security in the ‘case law’ of the Social Rights Committee

Research Handbook on European Social Security Law ◽

10.4337/9781782547334.00014 ◽

2015 ◽

pp. 84-102

Author(s):

George Katrougalos

Keyword(s):

Social Security ◽

Case Law ◽

Social Rights ◽

The Social

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Mediasi Kepuasan Kerja dan Stres Kerja pada Hubungan antara Program Jamsostek dan Kinerja Karyawan Studi Kasus pada Perusahaan Swasta di DIY dan Solo

Jurnal Maksipreneur Manajemen Koperasi dan Entrepreneurship ◽

10.30588/jmp.v3i1.89 ◽

2013 ◽

Vol 3 (1) ◽

pp. 75

Author(s):

Eny Sulistyowati ◽

Totok Danangdjojo

Keyword(s):

Job Satisfaction ◽

Social Security ◽

Job Stress ◽

Work Stress ◽

Program Performance ◽

Social Security Program ◽

Mediating Role ◽

The Social ◽

The Relationship

This study aims to explain the influence of the Social Security program on performance and job satisfaction and job stress as a mediating variable. In addition, this study also describes the effect of job satisfaction on the performance and the effect of work stress on performance. The relationship of each variable in this research is to be measured by conducting a survey on 145 employees of private companies that included in Social Security program on DIY and Solo. Then the path analisys used to test the effect of social security program performance in mediation by job satisfaction, performance and job stress, job satisfaction, and examines the effect on the performance and the effect of work stress on performance. The results showed that the social security program significant positively affects job satisfaction and performance. Job satisfaction was also positively and significantly affect performance. Even though mediating role of job satisfaction in the relationship between social security program performance partial. Because merely direct relationship between social security program with greater performance than the mediating role of job satisfaction. Social Security program did not significantly affect the stress of work, as well as job stress did not significantly affect performance. Therefore, the mediating role of work stress on the relationship between social security program with the performance did not occur. Individual differences and work experience may be a factor that causes no significant relationship between the two variables.

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