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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."
Article 7 ( 1 ) and (2) provides that:—
" 1. A worker who is a national of a Member
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
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)
151