engleski

Probative value of A1 (E 101) certificates and the duty of cooperation

A1 certificates (ex E101) are statements of applicable social security legislation. They are predominantly issued in the case of posting of workers, but also in other situations such as simultaneous work in several countries in various or same capacities (as employees or self- employed). The problem arises when the receiving country disputes the validity or accuracy of the A1 certificate issued by the sending country. Hence, the purpose of the presentation was to provide audience with the full legislative framework de lege lata and de lege ferenda regarding probative value of A1 certificates and the duty of sincere cooperation between Member States. First was presented current EU legal context for posting from a labor law and social security perspective. Summarized were main theoretical assumptions regarding advantages and disadvantages, as well as statistical information. Secondly, analyzed was recent and pending case law of the Court of Justice of the EU, especially the extent of the binding and retroactive effect of A1 (E101) certificates as well as the duty of sincere cooperation in the cases of fraud, abuse or error. Finally, presented was an overview of the proposed revision of EU coordination rules in this respect.

posting of workers, coordination of social security, applicable legislation, A1 certificate

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