A1 Declarations: Legal Value and Practical Experiences

• Jurisdiction: European Union
• Year: 2022
• Author: Herwig Verschueren & Bruno De Pauw

Speaker

Herwig Verschueren and Bruno De Pauw.

Herwig Verschueren is a professor of International and European Labour and Social Security law at the University of Antwerp since 2004. He specializes in European social law and focuses on the legal position of migrating EU citizens with regards to labor and social security rights. He is also a consultant for Belgian and European public authorities on legal issues related to the cross-border application of labor and social security law and social rights of migrant persons and an expert member of the European academic network "MoveS."

Bruno De Pauw has been active in the field of international social security coordination since 1995. He currently works as Advisor-general for the Belgian National Social Security office, where he leads a team of experts in the Department for International Relations. With a legal background, he covers the subject of determining applicable legislation for mobile workers from both a juridical and practical perspective. He is also responsible for managing and updating the online application, LIMOSA declaration mechanism, which he helped to develop.

Topic

In the presentation, Professor Herwig Verschueren provides an overview of the case law of the Court of Justice of the European Union (CJEU) regarding the legal value of A1 forms, which are documents used to prove that an individual is covered by social security legislation in one EU country while working in another. The presentation covers the various legal principles and tests used by the CJEU to determine the validity and legal effect of A1 forms, as well as their implications for employers and employees in cross-border employment situations.

Bruno De Pauw, in turn, shares his practical experiences of contesting A1 declarations. He discusses the challenges faced by employees and their representatives when contesting the validity of A1 forms and the legal procedures and remedies available to them. He provides insights into the strategies that employers and employees can use to challenge A1 declarations, as well as the role of national courts and administrative bodies in resolving disputes related to A1 forms.

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