Free movement of (posted) workers and applicable labour and social security law

This chapter addresses the various legal aspects of free labour mobility within the EU, such as the applicable primary and secondary EU legislation and the most relevant case law of the Court of Justice of the European Union on these matters. This case law is often a response to national measures breaching relevant EU law. Some sections develop in more detail examples of such situations, and highlight a number of specific issues in some Member States (such as language requirements for accessing a job in Belgium). Where applicable, the sections also examine some difficulties in the implementation and enforcement of the relevant provisions by referring to experiences in some Member States. Finally, attention is paid to the societal impact and in particular to recent factual and political developments which have made free labour mobility within the EU a rather contested phenomenon