European Union issues

Our services in EU issues include legal monitoring, lobbying. evaluation and dispute advisory. Our know-how is appreciated especially for European Single Market and Social Security issues.

Legal monitoring

By legal monitoring, clients receive occasional or systematic information about the evolution of European Union law in the fields which are important for the respective client. The monitoring comprises not only the provision of information, but also an appreciation of the client's legal situation with regard to EU law and its possible evolution in the future, and suggestions for necessary interventions with the EU institutions. Moreover we provide impact assessment of EU legislation on client's activities.

Lobbying

Considering that lobbying within the EU institutions is legitimate, we help clients to have their point of view integrated in the preparation phase of the EU policies. A representation of the clients' interests is also possible in the EU decision making process by intervening with the diverse institutions cooperating in this process.

Evaluation

We are able to work on evaluation of European Union projects and programs. Our consultants were involved in the management of EU structural funds programs and have deep knowledge of that kind of work.

Dispute advisory

We support clients in their actions before the European Union courts, in the following procedures:

• references for a preliminary ruling
• actions for annulment
• actions for failure to act
• objections of illegality
• actions for damages
• proceedings for interim measures
• disputes relating to intellectual property rights

On behalf of our clients, we initiate complaints with the European Commission in case of infringement of EU law by a Member State.

Furthermore we advice on how to enforce rights arising out of European Union legislation before international and national courts and administration.

European Single Market

Our consultants fulfill the functions of Luxembourg expert in the frame of Your Europe Advice, an EU advice service for the public, currently provided by the legal experts from the European Citizen Action Service (ECAS) operating under contract with the European Commission. It consists of a team of experts who cover all EU official languages and are familiar both with EU law and national laws in all EU countries.

We have contributed as a Luxembourg expert to the Comparative Study on the Application of Directive 2004/38/EC of 29 April 2004 on the Right of Citizens of the Union and their Family Members to Move and Reside Freely within the Territory of the Member States (study for the European Parliament, Directorate general Internal Policies of the Union, March 2009, PE 410.650).

Social security and free movement of persons topics are filling most of the weekly column we publish in the Luxemburger Wort, the most ready Luxembourg daily newspaper, where we are commenting the ECJ judgments concerning the citizens’ rights within the EU.

Publications in these fields include notably:

• Les droits du voyageur en Europe (version française) / Meine Rechte als Reisender in Europa (deutsche Version) («  My rights while travelling in Europe): Publication by Union Luxembourgeoise des Consommateurs and Chambre des Salariés du Luxembourg, January 2012, available in French and in German
• "Consultation d'un médecin et hospitalisation à l'étranger - Que va rembourser la caisse de maladie et comment? " (Seeing a doctor and being hospitalized   in another country -what costs and how shall be reimbursed by the Luxembourg health care system?): Publication by Union Luxembourgeoise des Consommateurs and Chambre des Salariés du Luxembourg, September 2010, available in French and in German

Social security within the EU

When moving within the EU, Iceland, Liechtenstein, Norway or Switzerland, you will always be subject to the legislation of only one country. If you work in one country,you are subject to the legislation of the country where you actually work as an employed or a self-employed person. It doesn't matter where you live or where your employer is based. If you work in a different EU country from the one where you live and you return to your country of residence daily, or at least once a week, you are a cross-border worker (so-called "frontier worker"). The country where you work is responsible for your social security benefits. Special rules apply to healthcare and unemployment. If you are sent by your employer (or yourself, if you are self-employed) to work in another country for a maximum of 24 months, you will remain insured in your country of origin. This is the case of so-called "posted workers" to whom specific conditions apply.If you work in more than one country, the question will be if you pursue a substantial part of your activity, at least 25%, in your country of residence.

The social security institutions will assess under which country's legislation you are covered according to EU rules. We are helping you to deal with all these questions and work towards their solution. Situations may be very different, and a circumstanced approach is always necessary.

Our consultants have extensive knowledge of these questions. See, for example, the presentation made during the conference on 15 December 2013 with CBC Namur-Luxembourg.