Nummer 3/2006 (.pdf) - FOD Sociale Zekerheid

BELGISCH TIJDSCHRIFT VOOR SOCIALE ZEKERHEID - 3e TRIMESTER 2006This contribution first explains the grounds of the European regulations regardingthe determination of the applicable social security legislation in cross-border situations,more specifically the principle of the country of employment. Then the conditionsthe employers, employees or self-employed persons need to comply with inorder to continue to be subject to the social security legislation of their country oforigin are discussed in detail. The interpretation and application problems of theseprovisions are also looked into. This is followed by a critical analysis of the limitationsthe jurisprudence of the Court of Justice puts on the possibilities the MemberStates’ social security institutions have to effectively control and enforce compliancewith these conditions. The role of the E101 declaration is a central issue. This analysiswill show that these control possibilities are not efficient, which severely complicatesan adequate intervention against cross-border social dumping and social fraudregarding social security.__________476