The European Labour Authority and rights-based labour mobility
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The European Labour Authority and rights-based labour mobility Jan Cremers1
© The Author(s) 2020
Abstract Regulation (EU) 2019/1149 establishes the European Labour Authority (ELA) as a decentralised operational EU-agency. The ELA has to help individuals and businesses to get most out of the opportunities offered by free movement and to ensure fair labour mobility. According to the Commission, it will serve the double mission of helping national authorities to fight fraud and abuse and making mobility easier for citizens. This article addresses existing problems with labour mobility and analyses reasons for insufficient compliance with local standards and other enforcement problems. The author reflects on the added value and future functioning of the ELA. Keywords Labour mobility · Labour standards · European Labour Authority · Compliance · Enforcement
1 Introduction In his 2017 State of the Union Address, delivered at the European Parliament in September 2017, European Commission President Juncker announced plans to establish a new European agency, the European Labour Authority (hereafter the ELA), in order to foster fair mobility in Europe.1 1 Juncker stated that it is ‘absurd to have a Banking Authority to police banking standards, but no com-
mon Labour Authority for ensuring fairness in our single market.’ https://europa.eu/rapid/press-release_ SPEECH-17-3165_en.htm.
B J. Cremers 1
Senior researcher, Tilburg Law School, Cobbenhagenlaan 221, 5037 DB Tilburg, The Netherlands
J. Cremers
The negotiations between the Council of Ministers and the European Parliament on the proposal, which was launched by the Commission in March 2018, ended in the first half of 2019. Regulation (EU) 2019/1149 establishes the office as a decentralised operational agency. The ELA has to help individuals and businesses to get the most out of the opportunities offered by free movement and to ensure fair labour mobility. According to the Commission, it will serve the double mission of helping national authorities fight fraud and abuse and making mobility easy for citizens. The ELA will become operational as of 2020: the inauguration ceremony took place in October 2019.2 According to the concluded legal text, the European Labour Authority will support Member States in providing information and services to citizens and business, facilitate cooperation and the exchange of information between Member States, and support them through concerted and joint inspections in order to fight abuse, fraud and undeclared work. The ELA will also carry out the role of mediating between Member States in cases of disputes. The agency will pool and integrate numerous existing EU tools and structures, both by taking them over and by replacing them. The European Labour Authority has a board that consists of one representative of all Member States as well as representatives from the European social partners and the European Parliament. Moreover, the ELA will install a broader stakeholder-group in order to have a regular input from practitioners in industr
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