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Illegal work: return of the principle of origin for posting

(B2) The proposal for a directive on illegal work presented by Commissioner Frattini on May 16 is perplexing. The company which posts a worker, national of a third country, will be subject to the control of the Member State in which it is established and not of the one where it carries out its activity, we can read in the Commission press release.
A series of questions comes immediately. Will the control bodies established in the country of activity not lose a means of action? How can we treat posted European workers more harshly without violating the principle of non-discrimination? Why did you remove the provisions on workers' rights from the Services Directive to reintroduce it, partially, into this text? And what about the case law of the Court of Justice which considered the obligation of a prior declaration in the host country “proportionate” (judgment against Germany) ? The perplexity continues when we learn that the implementing regulation on the coordination of social security schemes provides for the replacement of form E101 on posted workers by direct transmission between social security funds (on this question, see the hearing in Parliament European of a manager of Eures). Is it really the fight against clandestine work that guides all of this? A clarification is necessary…


Nicolas Gros Verheyde

Chief editor of the B2 site. Graduated in European law from the University of Paris I Pantheon Sorbonne and listener to the 65th session of the IHEDN (Institut des Hautes Etudes de la Défense Nationale. Journalist since 1989, founded B2 - Bruxelles2 in 2008. EU/NATO correspondent in Brussels for Sud-Ouest (previously West-France and France-Soir).