The Gazette 1980

GAZETTE

SEPTEMBER 1980

Some Practical Aspects of E.E.C. Law By P. J. FARRELL, B.C.L., Dip. Eur. Law, Solicitor

1. Free Movement of Workers and Social Security Practitioners may have been asked questions by clients which touch upon the free movement of workers and social security. It may be that practitioners have had a client who wished to know what the position is under E.E.C. law if he, as an Irish national, wishes to take up employment in another Member State, and particularly, what arrangements there are about acquiring, retaining, calculating and paying social welfare benefits. (a) Articles 48 to 51 of the E.E.C. Treaty lay down the main principles of free movement of workers and provisions for social security of migrant workers. "Wo r k e r s ", are persons employed by others, not self-employed persons. The latter are dealt with under Articles 52 to 58 of the Treaty (Right of Establishment). The main secondary legislation dealing with free movement of workers which practitioners should be aware of is as follows: (i) Regulation 1612/68 (J.O. 1968, L 257/2). (ii) Directive 6 8 / 3 60 (J.O. 1968, L 257/13). (iii) Regulation 1251/70 (J.O. 1970, L 142/24). Regulation 1612/68 Article 1 provides that:— " 1. Any national of a Member State shall, irrespective of his place of residence, have the right to take up an activity as an employed person, and to pursue such activity, within the territory of another Member State in accordance with the provisions laid down by law, regulation or administrative action governing the employment of a national of that State. 2. He shall, in particular, have the right to take up available employment in the territory of another Member State with the same priority as nationals of that State." State may not, in the territory of another Member State, be treated differently from national workers by reason of his nationality in respect of any conditions of employment and work, in particular as regards remuner- ation, dismissal, and should he become un- employed, reinstatement or re-employment. 2. He shall enjoy the same social and tax advantages as national workers." (b) In relation to questions of social security the main Regulations are Regulation 1408/71 (J.O. 1971, L 149/2) and Regulation 574 / 72 (J.O. 1972, L 74/1). These two Regulations have been codified (O.J. C 138 June 1980). In a later article it is proposed to examine in detail the provisions of Article 7 ( 1 ) and (2) provides that:— " 1. A worker who is a national of a Member

these Regulations and the practical steps that must be taken by intending migrant workers.

2. Commission's power to take copies of documents of a Company Under Article 14 of Regulation 17 the Commission has wide powers of investigation, which include the taking of copies of or extracts from the books and business records of an undertaking or an association of undertakings. In the case of National Panasonic (U.K.) Limited v. Commission of the European Communities (Case 136/79), the Commission instituted an investigation and during the course of the investigation took copies of several documents. The Plaintiff attempted to challenge the Commission on a number of grounds, but unsuccessfully. Accordingly, practitioners should note that the Commission may enter premises and take away copies of confidential documents. 3. Brief Notes (a) Driving Licences The Council of the E.E.C. has adopted in principle a Directive which proposes the issue of a comm- unity driving licence. (b) State Aids Pursuant to Article 90 (3) of the E.E.C. Treaty, the Commission has adopted a Directive on greater transparency in financial transactions between Member States and public enterprises. A number of sectors are excluded, for example, banks, electricity, transport, post and tele- communications. (c) Insurance Contracts and Non-Life Insurance Discussions are still continuing on the Draft Directives on insurance contracts and non-life insurance. The Economic and Social Committee has delivered opinions on them (O.J. C 146 June 1980) and practitioners, particularly those who specialise in this area, should be familiar with them.

Independent Actuarial Advice regarding Interests in Settled Property and Claims for Dama g es BACON & WOODROW

Consulting Actuaries 58 Fitzwilliam Square Dublin 2 (Telephone 7 6 2 0 3 1)

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