The Case of Alpenrind – The Posting of Workers and the Binding Nature of Portable Document A1
The Alpenrind case (C-527/16) revealed opposing positions between the Member States providing services feely across Europe and the Member States fearing for social dumping. A tension the Union is grappling with for a certain time, and that increased in the last years. Many (mostly western) Member St...
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| Language: | English |
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University of Ljubljana, Faculty of Law
2020-09-01
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| Series: | Zbornik Znanstvenih Razprav |
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| Online Access: | http://www.pf.uni-lj.si/media/zzr.2020.psv.schoffmann.pdf |
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| author | Peter Schöffmann
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| author_facet | Peter Schöffmann
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| author_sort | Peter Schöffmann
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| collection | DOAJ |
| description | The Alpenrind case (C-527/16) revealed opposing positions between the Member States providing services feely across Europe and the Member States fearing for social dumping. A tension the Union is grappling with for a certain time, and that increased in the last years. Many (mostly western) Member States believe that the posting of workers is un-dermining their social standards and hampering their labour markets. They are not con-vinced that Union law provides an adequate level to prevent abusive practices. Therefore, these Member States try to take countermeasures by implementing restrictive legislation: imposing obligations on employers to provide documents and comply with notification requirements. This leads to an additional burden potentially impeding the freedom of movement of workers and services; an effect the Social Coordination Regulations actu-ally intend to prevent.The Alpenrind case deals with two questions regarding the postal rule’s impact on so-cial security coordination. It addresses the condition of non-replacement as well as the binding effect of Portable Document A1. However, set in a broader context, it reveals the inherent contradiction of social security coordination. The Union finds itself having to strike a balance between the freedom to provide services and the protection against social dumping. |
| format | Article |
| id | doaj-art-f85ccc985fb846e3b829f047fbee4c6c |
| institution | Kabale University |
| issn | 1854-3839 |
| language | English |
| publishDate | 2020-09-01 |
| publisher | University of Ljubljana, Faculty of Law |
| record_format | Article |
| series | Zbornik Znanstvenih Razprav |
| spelling | doaj-art-f85ccc985fb846e3b829f047fbee4c6c2025-01-02T09:07:05ZengUniversity of Ljubljana, Faculty of LawZbornik Znanstvenih Razprav1854-38392020-09-0180Special Issue119132The Case of Alpenrind – The Posting of Workers and the Binding Nature of Portable Document A1Peter Schöffmann
0 Institute for Austrian and European Labour Law and Social Security Law, Vienna University of Economics and BusinessThe Alpenrind case (C-527/16) revealed opposing positions between the Member States providing services feely across Europe and the Member States fearing for social dumping. A tension the Union is grappling with for a certain time, and that increased in the last years. Many (mostly western) Member States believe that the posting of workers is un-dermining their social standards and hampering their labour markets. They are not con-vinced that Union law provides an adequate level to prevent abusive practices. Therefore, these Member States try to take countermeasures by implementing restrictive legislation: imposing obligations on employers to provide documents and comply with notification requirements. This leads to an additional burden potentially impeding the freedom of movement of workers and services; an effect the Social Coordination Regulations actu-ally intend to prevent.The Alpenrind case deals with two questions regarding the postal rule’s impact on so-cial security coordination. It addresses the condition of non-replacement as well as the binding effect of Portable Document A1. However, set in a broader context, it reveals the inherent contradiction of social security coordination. The Union finds itself having to strike a balance between the freedom to provide services and the protection against social dumping.http://www.pf.uni-lj.si/media/zzr.2020.psv.schoffmann.pdfalpenrindposting of workerssocial security coordinationportable docu-ment a1freedom to provide servicesabusive practicesretroactive effect |
| spellingShingle | Peter Schöffmann
The Case of Alpenrind – The Posting of Workers and the Binding Nature of Portable Document A1 Zbornik Znanstvenih Razprav alpenrind posting of workers social security coordination portable docu-ment a1 freedom to provide services abusive practices retroactive effect |
| title | The Case of Alpenrind – The Posting of Workers and the Binding Nature of Portable Document A1 |
| title_full | The Case of Alpenrind – The Posting of Workers and the Binding Nature of Portable Document A1 |
| title_fullStr | The Case of Alpenrind – The Posting of Workers and the Binding Nature of Portable Document A1 |
| title_full_unstemmed | The Case of Alpenrind – The Posting of Workers and the Binding Nature of Portable Document A1 |
| title_short | The Case of Alpenrind – The Posting of Workers and the Binding Nature of Portable Document A1 |
| title_sort | case of alpenrind the posting of workers and the binding nature of portable document a1 |
| topic | alpenrind posting of workers social security coordination portable docu-ment a1 freedom to provide services abusive practices retroactive effect |
| url | http://www.pf.uni-lj.si/media/zzr.2020.psv.schoffmann.pdf |
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