The binding nature of posting PDA1 issued under EU social security Coordination Regulations and the possible role of national courts
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oai:localhost:PNK-91652023-09-25T02:42:41Z The binding nature of posting PDA1 issued under EU social security Coordination Regulations and the possible role of national courts Bermejo, Dolores Carrascosa Millán, Juan Molina PDA1 Coordination Regulations CC-BY The EU social security Coordination Regulations envisage a special conflict rule that, under strict conditions, allows posted workers to maintain temporarily the social security insurance of the home Member State. The Portable Document A1 (PDA1), the proof of insurance, is a binding document for the institutions and courts of the host Member State that can only be invalidated or withdrawn by the institutions that issued it or by the corresponding national courts. The case-law of the European Court of Justice has clarified that under certain very specific circumstances a fraudulent foreign PDA1 can be disregarded by a Court, but never invalidated. Communication and collaboration between institutions of the issuing and receiving Member States and the judicial procedures for challenging a foreign PDA1 may need to be enhanced and improved, but the current rules of play respond to the logic of the Coordination Regulations, to sincere cooperation, to legal certainty, and to the uniqueness of the applicable law and the competent jurisdiction. 2023-09-25T02:42:40Z 2023-09-25T02:42:40Z 2023 Book https://link.springer.com/article/10.1007/s12027-023-00749-6 https://dlib.phenikaa-uni.edu.vn/handle/PNK/9165 en application/pdf Springer |
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PDA1 Coordination Regulations |
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PDA1 Coordination Regulations Bermejo, Dolores Carrascosa Millán, Juan Molina The binding nature of posting PDA1 issued under EU social security Coordination Regulations and the possible role of national courts |
description |
CC-BY |
format |
Book |
author |
Bermejo, Dolores Carrascosa Millán, Juan Molina |
author_facet |
Bermejo, Dolores Carrascosa Millán, Juan Molina |
author_sort |
Bermejo, Dolores Carrascosa |
title |
The binding nature of posting PDA1 issued under EU social security Coordination Regulations and the possible role of national courts |
title_short |
The binding nature of posting PDA1 issued under EU social security Coordination Regulations and the possible role of national courts |
title_full |
The binding nature of posting PDA1 issued under EU social security Coordination Regulations and the possible role of national courts |
title_fullStr |
The binding nature of posting PDA1 issued under EU social security Coordination Regulations and the possible role of national courts |
title_full_unstemmed |
The binding nature of posting PDA1 issued under EU social security Coordination Regulations and the possible role of national courts |
title_sort |
binding nature of posting pda1 issued under eu social security coordination regulations and the possible role of national courts |
publisher |
Springer |
publishDate |
2023 |
url |
https://link.springer.com/article/10.1007/s12027-023-00749-6 https://dlib.phenikaa-uni.edu.vn/handle/PNK/9165 |
_version_ |
1779307161713639424 |
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8.891695 |