The legal framework for employment and posting of third country nationals has been a subject of academic and expert discussion for a long time. Since Rush Portuguesa and Vander Elst judgements of ECJ/CJEU it has also been subject to legal disputes.
But it was the Russian military aggression in Ukraine that has boosted the massive influx of third country nationals into EU market. There is an urgent need for simplified procedures in the posting of third country nationals in the framework of freedom to provide services.
At the same time they are more vulnerable workers than EU-citizens. Preventing abuse and exploitation calls for tighter procedures. Is EU ready to tailor a compromise between the two needs?
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