Coordination of Social Security: Developments in the Area of Posting

In: European journal of social security, Band 3, Heft 2, S. 107-116

Abstract

In this article we ask what has changed since 1995 with regard to the implementation of posting rules. In order to answer this question, the article examines a number of aspects of posting that relate primarily to the implementation of the rules: – administrative procedures and how they have been affected by the Fitzwilliam case; – the interpretation of Article 14 (2)(b); – the use of Article 17; – the position of self-employed persons following the Banks case. Our considerations are based on the results of investigations by BMT consultants that were conducted in 1995 and 1996, and on a recently conducted survey of the Dutch competent institution for posting, the Sociale Verzekeringsbank. Finally, we look at what has changed and whether the challenge inherent in current mobility developments can be met using our present posting rules