Activities per year
Abstract
This article explores the extent to which EU law does and should enable undertakings to control which Member State’s contribution rate applies to them. By relying on posted workers, for example, undertakings can “shop” for the cheapest social security law, lowering their labour costs; this is, however, to the detriment of workers, competitors, and social security systems. The article seeks to determine when conflict rules excessively facilitate law shopping. It then discusses how legislators and courts can complicate law shopping by framing it as abuse, redesigning rules, interpreting them teleologically, and improving their enforcement.
Original language | English |
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Pages (from-to) | 13-38 |
Number of pages | 26 |
Journal | Common Market Law Review |
Volume | 58 |
Issue number | 1 |
Publication status | Published - 1 Feb 2021 |
Bibliographical note
This is an author-produced version of the published paper. Uploaded in accordance with the publisher’s self-archiving policy. Further copying may not be permitted; contact the publisher for details.Keywords
- Social dumping
- Regulatory arbitrage
- Social security coordination
- EU social security law
- Posted workers
- Fraud
- Abuse of law
- Conflict rules
- Letterbox companies
- Forum shopping
- Law shopping
- Indirect choice of law
- Regime portability
- Regulation 883/2004
Activities
- 1 Talk
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Choice in EU Social Security Law: Between Free Movement and Circumvention
Nicolas Rennuy (Speaker)
2 Sept 2020Activity: Talk or presentation › Talk